INCOMPATIBILIDADE COM OS OBJETIVOS DA PENA DO BENEFÍCIO DE SAÍDA TEMPORÁRIA DO DIA DAS MÃES E DOS PAIS ÀQUELES QUE COMETERAM HOMICÍDIO DOLOSO CONTRA SEUS GENITORES

Abstract

This article aims to answer this issue: Is there legal and social compatibility of the concession of temporary exit on the mother’s and father’s day, to those who committed intentional homicide against their parents?. For this purpose, it is used the exploratory methodology, based on a qualitative approach, with the analysis of documents, among doctrines, jurisprudence, legislation and the study of individual cases. Therefore, it is noted that the concession of temporary release on those commemorative dates is not compatible with the repressive and resocializer objectives of the penalty, in addition to generating a great sense of impunity and social discredit in the Judiciary, hence the indispensability of the legislative modification prohibiting the concession of temporary exit on mather’s and father’s days, to those who committed the crime under analysis.