O Recurso Extraordinário nº 972.598/RS e a superação da controvérsia sobre a (im)prescindibilidade do Procedimento Administrativo Disciplinar na anotação de falta grave em execução penal: o contraditório e a ampla defesa em xeque

Abstract

The present work analyses the requirement of Disciplinary Administrative Procedure for serious misconduct annotation in criminal execution, as well as the controversy involving the dispensability of this procedure, through the analysis of the Supreme Court decision in the judgment of Extraordinary Appeal n. 972.598/RS. It analyzes the arguments used by the Ministers of the Supreme Court to decide the unnecessarily of that procedure, as well as make the opposition of these arguments to the norms contained in Law n. 7,210/1984, precedents and provisions of the Brazilian Constitution, all to demonstrate the impacts of the Supreme Court's decision on the principles of Adversary Proceeding, Opportunity to be Heard and Full Defense in the investigation of serious misconduct in Criminal Execution. In this sense, jurisprudential analysis, literature review and deductive method were used. In the end, the conclusion obtained shows that the exchange of the obligation to file the Disciplinary Administrative Procedure for listening to the sentenced in justification hearing represents the mitigation of the incidence and materialization of the principles of the Adversary Proceeding, Opportunity to be Heard and Full Defense in the investigation of serious indiscipline in Criminal Execution.