Apontamentos sobre a aplicabilidade das penas restritivas de direito aos crimes de natureza hedionda e equiparados

Abstract

This study aims to examine the apparent inconsistency between the criminal policies adopted respectively by Law 8.072, July 25, 1990, Heinous Crimes Law, and Law 9712 of November 25, 1998, with implemented the policy of penalties restricting rights , the Brazilian Penal Code. While the first stiffens the treatment of crimes she enrolled, the second establishing alternative routes to the custodial sentence, once certain legal requirements. The main question to be answered is the feasibility of applying the penalties restricting the heinous crimes since the law that defines, enforces the original scheme of imprisonment for such offenses as the closed system at first sight incompatible with the replacement for alternative sentences to prison. To do so, will be adopted as a theoretical functionalism in strand Claus Roxin, namely teleological functionalism, is investigating how the subject has been treated in the higher courts in Brazil.