BESERRA, R.; BESERRA, Reinaldo.
Abstract:
It is argued problematic evaluative of the interpretation of the Law of the Hideous
Crimes, has seen that the same one wounds some principles Constitutional, in
what say respect to the fulfillments of the privative penalty of freedom, such as
proportionality, humanity and individualization of the penalty. By means of the
scientific method of bibliographical research, beyond the methods exegetic-legal,
description-evolution and of the comparative study it is arrived conclusion of that
the Supreme Federal Court, as well as the infraconstitutionality legislator has
understood that it is not the hardness of the penalty that provides the recovery of
the prisoner, but yes one forms gradual of fulfillments of the same one penalty.
The work in three chapters is organized, being that the first one approaches the
description of the penalties in Brazil, as well as if it makes mention to regimes of
fulfillments of the privative penalty of freedom. In as the precedents of the Law of
the Hideous Crimes are approached, locking up with the quarrel of each present
procedural institute in Law 8.072/90. In the third chapter it is argued question of
the unconstitutionality of the device that forbade the progression of regimen for the
hideous crimes, searching, as recital, the offence to the international treated ones
on human rights ratified by Brazil and to the some principles constitutional. One
also argues the Law of Torture and Law 11,464/2007, becoming, to the end, a
critical analysis to Law 8.072/90. One concludes emphasizing that it is not the rigid
laws that make to diminish always increasing crime, but a study detailed on the
Brazilian reality, and, an joined time the focus of the problem, to develop come
back social politics to the child and the adolescent, so that if it can decide it in its to
be born.
