Vedação à utilização do exame criminológico como requisito subjetivo para fins de progressão de regime na execução penal

Abstract

This study aims to address the process of criminal enforcement, focusing on the progressive system provided for in Law No. 7210/84. Thus, it is intended to analyze the legal requirements imposed for the recognition of the right in the light of the amendment that occurred by Law 10,792 / 2003, which no longer requires the criminological examination as a way of assessing the subjective requirement for purposes of regime progression. The work also aims to discuss the institute of criminological examination, its diagnosis and prognosis, also addressing the types of criminological examination. The understanding of the domestic jurisprudence on the subject will be analyzed, raising the main problems regarding the performance of the examination, especially with regard to the violation of the principles of the legal system, as well as the fragility in carrying out the criminological examination, thus aiming to demonstrate the incompatibility of the institute with the rights and guarantees for prisoners, in addition to its insufficiency in the sense of assisting the magistrate in justifying his decision on the granting of rights, since today the institute has a merely symbolic function. In such a way, the study concludes by the necessity to respect the alteration that occurred in 2003, aiming at the withdrawal of the institute from the criminological exam for purposes of progression of regime