PACOTE ANTICRIME: O AUMENTO DO TEMPO MÁXIMO DE CUMPRIMENTO DE PENA

Abstract

In order to effectively combat crime, there was a significant change in the caput of art. 75 of the Penal Code through Law 13.964 / 2019, called the anti-crime package, changing the increase in the maximum time for serving sentences. This research used the doctrinal methodology and proposed to demonstrate that the aforementioned change from thirty to forty years institutes a violation of constitutional principles, as well as the absence of the due legislative proposal for analysis of an estimate of its budgetary and financial impact caused to public coffers with the maintenance of prisoners for a long period in the prison system. This change instituted to ban the high number of crimes was aligned with a list of reflexes to the convicted. In a qualitative approach, there are controversial opinions of jurists and criminalists regarding expectations, perceptions and appraisals regarding the increase in the maximum time for serving sentences in Brazil, given the need to confront the reduction of crimes in relation to the prison mass, critical, clinical and sociological criminology to understand the reasons that induce the individual to commit criminal offenses as a way to combat the high rate of criminal recidivism.