A Lei 13.964/19, o tribunal do júri e a execução antecipada da pena

Resumo

This article seeks to analyze legislative changes proposed by Law 13.964/2019, regarding the Jury Court and the early execution of penalties resulting from condemnatory decisions. The Jury Court has a clear social and legal relevance. It is competent to judge crimes against life,
 those that, by their nature, receive the attention and popular outcry in greater evidence. The legislative change that is seeked to be questioned alters the procedure of this Court to start the execution of the sentence to those convicted by the Jury to a sentence greater than or equal to fifteen years. In this sense, it is necessary to go back to the discussion about the feasibility of early execution of the sentence, before the final decision. Such a debate was fought in the Federal Supreme Court, in a jurisprudential dispute that lasted practically ten years. The core
 of the study is to analyze the constitutionality of this legislative choice, in addition to questioning the reason for selecting only the Jury Court to try to execute the sentence in advance, and how they choose to dialogue with the Brazilian political-criminal scenario.

Ficha do documento

Tipo

Outro

Ano

2020

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/31041

Palavras-chave

Direito PenalTribunal do JúriConstitucionalidadePolítica CriminalExecução provisória da penaLei 13.964/2019DireitoControle da constitucionalidade