Individualization of penalty

on liberty, discretion, automatism and other things

Authors

  • Marcos Alexandre Coelho Zilli

Keywords:

Individualization of penalty, Serving regime, Discretion, Automatism, Habeas corpus

Abstract

The article comments on a judgment of the Second Panel of the Federal Supreme Court that, in habeas corpus, granted the start of serving the sentence in a semi-open regime to a convict for robbery qualified by concurrence of agents, whose base penalty was reduced to the minimum by the reviewing court without the regime being altered. The exposition argues that judicial circumstances cannot be favorable to set the base penalty at the minimum and unfavorable to impose the closed regime, under penalty of violating articles 33, paragraph 3, and 59, III, of the Penal Code. The text criticizes judicial automatism and discretion, invoking Alberto da Silva Franco. The investigation concludes with the need for individualization of the penalty.

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References

FRANCO, Alberto Silva. Código penal e sua interpretação jurisprudencial. 6. ed. São Paulo: RT. v. 1, t. 1, Parte geral.

Published

1998-04-01

How to Cite

ZILLI, Marcos Alexandre Coelho. Individualization of penalty: on liberty, discretion, automatism and other things. Brazilian Journal of Criminal Science, São Paulo, v. 22, n. 22, p. 269–275, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3741. Acesso em: 20 oct. 2026.

Issue

Section

Comentário de Jurisprudência
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