Aplicação problemática do artigo 112 da lei de execução penal: O reincidente específico e o inciso VII

Abstract

This work presents an analysis of the problematic application of subsection VII, of art. 112 of LEP, considering the changes made by the Anti-crime Package, based on laws, doctrines and case law, as a way to ensure a more complete and effective analysis, given the divergence of interpretation. The objective was to offer divergent points of view regarding the type of recidivism required for the concession of regime progression, highlighting the jurisprudential position in the face of such interpretations. The intention of Law 13,964/2019 was to fight more severely against crime, as well as to reduce society's overpowering sense of impunity. Thus, the changes promoted by that law should impact the calculation of sentences in order to increase the objective requirement for regime progression, as understood by the STF and STJ. However, considering the legislative gap, caused by the wording of art. 112 of LEP, in attention to the principle of novatio legis in mellius, the jurisprudential understanding has settled on the most beneficial interpretation to the sentenced, by understanding that the recidivism provided would be specific. Reason for which, the different interpretations of such notes were raised, as well as their importance for the elaboration of the calculation of sentences.