Metodologia de fixação das penas
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Data
2002
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Universidade Federal de Goiás
Resumo
In this work are established objective criteria of fixation of the
exclusive punishment of freedom and of fine, according to doctrinaire
jurisprudencial orientation, and the Brazilian positive right. Target itself the
first chapter to the panoramic analysis, to the study of the source, historical
evolution and principles that govern the punishment. The second chapter cares
for of the technical criteria of fixation of the exclusive feathers of freedom and of
fine, boarding itself several referring aspects to dosage e of the penal sanction,
such as: the fixation of the punishment-base, with strict observance of the
judicial criteria; the establishment of the temporary punishment, considering
the importance, extenuating and the contest among them; the determination of
the definitive punishment, having in mind the punishment increase or decrease
special causes, the contest among them and the logic of the calculation in the
successive, there included causes those current of the tried crime, formal contest
and continued crime, where not always the jurisprudence introduces a good
solution inside the juridical technique. The fine punishment is treated under
two variant: value of the days-fine’s day fine and quantity. The last chapter care
for the judicial providences that happen to the fixation of the exclusive
punishment of freedom and or fine, such as the substitution of prision or
concession punishment of benefits. Each on of these benefits is studied of part
the part, carryng itself in account the legal requisites that authorize the
pertinence of one or of another, observing itself the current jurisprudence about
the subject. They are examined the extrapenal effects of the condemnation,
automatic and specific, like sanction form due to the penal condemnation. In
the conclusive phase, they are selected the answers that were flushed in the
context of the work and introduced suggestions.
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MORAIS, Abel Cardoso. Metodologia de fixação das penas. 2002. 145 f. Dissertação (Mestrado em Direito Agrário (FD)) - Universidade Federal de Goiás, Goiânia, 2002