Recurso especial nº 1.557.461/sc e habeas corpus nº 381.248/mg: a virada de entendimento do STJ sobre a data-base na execução penal

Abstract

The present study intends to analyze the alteration of the understanding of the Superior Court of Justice regarding the base date, defined as the Institute of Penal Execution through which the time necessary to acquire execution rights begins, especially with regard to progression of regime and conditional release, for providing the possible fulfillment of the sentence in freedom. The relevance of such discussion lies in the fact that such a change has had a positive effect on the fulfillment of the custodial sentence, especially when compared to the old understanding perpetuated in the STJ Jurisprudence, which lasted for at least ten years. In order to make these effects even more noticeable, it is necessary to analyze the grounds defended in the judgment of Special Appeal 1,557,461 / SC and Habeas Corpus 381,248 / MG, which submitted to the judgment of the Superior Court of Justice, pacified the new understanding adopted by the Court, and contain the reasons raised to prevent the maintenance of the position previously in force