Criminal enforcement process

Authors

  • Sérgio de Oliveira Médici Procuradoria de Justiça do Estado de São Paulo, PJSP, Brasil

Keywords:

Criminal execution, Condemnatory sentence, Legal nature, Conditional release, Procedural autonomy

Abstract

This study examines the process of criminal execution, starting from its etymology and the Brazilian legislative evolution, from the Criminal Procedure Code of 1832 to Law 7.210/84. It analyzes the constitutional rights and guarantees applicable to the condemned and discusses the legal nature of execution, situated among Criminal Law, Criminal Procedural Law and Administrative Law, concluding for its jurisdictionalization. It examines the presuppositions, principles, judicial procedure and incidents of execution, such as conditional suspension of sentence and conditional release. It concludes that the process of criminal execution has relative autonomy, being linked to the process of knowledge only at its beginning, through the condemnatory sentence transformed into an executive title.

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Author Biography

Sérgio de Oliveira Médici, Procuradoria de Justiça do Estado de São Paulo, PJSP, Brasil

Procurador de Justiça do Estado de São Paulo e professor de Direito Penal.

References

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Published

1993-04-01

How to Cite

MÉDICI, Sérgio de Oliveira. Criminal enforcement process. Brazilian Journal of Criminal Science, São Paulo, v. 2, n. 2, p. 98–106, 1993. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3242. Acesso em: 20 oct. 2026.

Issue

Section

National Doctrine
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