Regime progression by habeas corpus

illegal constraint in the potentialization of heinous crimes

Authors

  • Marcelo Semer

Keywords:

Regime progression, Habeas corpus, Heinous crimes, Individualization of penalty, Illegal constraint

Abstract

The article comments on a judgment of the Second Panel of the Federal Supreme Court that, in habeas corpus, granted the progression from closed to semi-open regime of penalty serving. The exposition analyzes the jurisdiction to hear the writ, the objective and subjective requirements for progression, and the unconstitutionality of paragraph 1 of article 2 of Law 8,072/90, which imposes full serving in a closed regime. The text argues that the gravity of the crime and the length of the penalty cannot hinder progression, under penalty of double jeopardy, and that the institute is linked to the individualization of the penalty. The investigation concludes that progression is admissible by habeas corpus.

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References

FRAGOSO, Heleno Cláudio. Lições de direito penal: nova parte geral. Rio de Janeiro: Forense, 1985.

Published

1998-04-01

How to Cite

SEMER, Marcelo. Regime progression by habeas corpus: illegal constraint in the potentialization of heinous crimes. Brazilian Journal of Criminal Science, São Paulo, v. 22, n. 22, p. 259–267, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3740. Acesso em: 20 oct. 2026.

Issue

Section

Comentário de Jurisprudência
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