Lei n° 14.843/2024 e a obrigação genérica do exame criminológico: implicações práticas e controle difuso de constitucionalidade em Minas Gerais

Abstract

This paper aims to understand the development of the institution known as criminological examination in Brazil. Based on an analysis of its origins, it seeks to examine the legislative changes that culminated in the reinstatement of its mandatory nature with the advent Law n° 14.843/2024, even after the revocation of its generic requirement promoted by Law n° 10.792/2003. In this context, the study proposes a critical analysis of the constitutionality and effectiveness of the criminological examination. Furthermore, it seeks to examine how the new legislation has been applied in practice by the Criminal Enforcement Courts, considering the concrete impacts of the criminological examination requirement on the prison reality. To this end, the research uses as its empirical basis the analysis of court records from the criminal enforcement courts of the districts of Governador Valadares, Ribeirão das Neves, and Ipatinga, in the state of Minas Gerais, allowing us to identify the position adopted by magistrates in the face of this novatio legis, as well as the effects of the mandatory criminological examination on the granting of rights to convicts and on the effectiveness of the criminal enforcement system.