O reconhecimento da reincidência como condição pessoal na execução penal à luz do princípio fundamental da Individualização da pena

Abstract

This research aims to answer whether the understanding of the Superior Court of Justice, which recognizes recidivism as a personal condition within the scope of criminal execution, is compatible with the constitutional principle of individualization of the sentence. For this purpose, the principle of individualization of punishment applied to criminal execution was studied. Subsequently, there was an analysis of the basis of the Regimental Appeal in Habeas Corpus nº 599.016/RS used by the STJ to apply recidivism as a personal condition, also addressing the principle of culpability. Finally, the understanding was compared with the fundamental principle. The research used the theoretical deductive method, with a qualitative approach to legislation data and bibliographical research, based on texts such as books and scientific articles. At the end, it was concluded that recidivism as a personal condition violates the fundamental principle of individualization of the sentence, given that the convict is not given discretionary treatment for each conviction, considering recidivism even in convictions in which, at the time of the facts, he was primary.