Inovações trasidas pela lei n 12.433/2011 ao instituto da remição da pena e a omossão da art. 127 da lei de execução penal.

Abstract

The present monographic paper begins with a historical approach of the penalties and prison systems. Further there is the exploitation of some principles applicable to the penal execution, entering the study of the penalty redemption, with its historical considerations, so that, in the end, the paper objective can be reached, presenting the main inovations brought by the Law 12.433/2011 to the penalty redemption institute with the study extension as a way of remitting the sentence days, putting an end to the present discussions and endorsing what is being understood by most of the judges and courts. The paper also makes reference to the legislator omission regarding the timed restriction of the remitted days loss due to severe fault commitment and endorses the need of a legal establishment seeking the compliance of the legality principles and the legal security applicable to the penal execution process. In turn, these are the specific objectives: recognize the penalty historical evolution, its theories and the prison systems; study the penalty remission institute and its possibilities; study 12.433/2011 Law and, still, analyse the legislator omission on the LEP 127 article, in relation to the remitted days discount by severe fault commitment. In order to allow the research theorical aspects construction, pursuing the listed objectives, it is used the historical-legal method, the exegetical-legal, just as well the laws study and analysis, through the use of the bibliographic research technique applied in legal, doctrinal and scientific texts.