Regressão de regime por cometimento de novo crime durante a execução penal: uma análise à luz do princípio da presunção de inocência

Abstract

This study aims to analyze the regression regime because commission defined as intentional crime during the criminal enforcement through constitutional provisions. The main controversy lies in the application of this hypothesis regression system without the existence of a criminal sentence on the new crime, which offends many constitutional principles and, in particular, the principle of presumption of innocence, first predicted in the Brazilian legal system by 1988 Federal Constitution. Therefore, we studied the constitutional principles that focus on criminal enforcement, especially those affected by the application of the legal provision under review, going to the examination of cases of regression planned scheme in the Penal Execution Law, with targeted analysis application of art. 118, I, first part of the LEP. Finally, the inconsistencies and consequences of the embarrassment suffered by the sentenced to the situation under discussion were identified, exposing subsequently actual cases obtained from the Court of Criminal Enforcement of Juiz de Fora County related to the study of this work.