A efetividade da aplicabilidade das circunstâncias judiciais na aplicação da pena.

Abstract

The fixation of the feather in concrete should follow certain application parameters, in order to propitiate the convict the exercise of his/her subjective right of knowing the reason of it being him/her imposed certain feather. To the judge the free will is not given of applying the feather without he/she needs to link parameter some, suddenly that absolute judging subjectivity could generate injustices. If for the convict the detailed fundament of the feather is fundamental warranty, for the judge the pointed criteria in the Penal Law are also of great relevance, allowing an appropriate and safe dosimeter, in spite of the ideological profile married by the magistrate. In that sense,' to analyze the effectiveness of the mechanism of individualization of the feather is the general objective of this work. For his/her shift, they are objective specific: To know the historical aspects of the prison feather and the form as if it applied the reprimand along the times; to detach the importance of the beginnings related with the fixation of the feather; to identify the applied judicial circumstances in the individualization of the feather. For so much, the exegetic-juridical methods were used, through fitments developing the bibliographical research. As auxiliary methods are pointed the report and the systematic. Due to the attainment of the presented objectives, it is arrived to the answer given to the following problem: Does the employed mechanism in the fixation of the feather get to individualize the feather with the efficiency longed for in a State Social Democrat of Right? The positive hypothesis is demonstrated confirmed, since it gets the judge to assist to the dictates of an impartial sentence, free from personal convictions, mainly when of the analysis of the judicial circumstances. In conclusion, the present work identifies the urgent need that the judge, when applying the feather, demonstrate besides technique-juridical capacity, the whole necessary ethics to judge with justice, granting to the convict the compeered right as appropriate and enough the reprimand that was imposed him/her.