CG - Trabalhos de Conclusão de Curso
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Navegando CG - Trabalhos de Conclusão de Curso por Autor "Andrade, Elzo José da Silva"
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Item Execução da pena de multa à luz do pacote anticrime: legitimidade para executar a pena de multa decorrente de condenação (sanção penal) com base na lei 13.964/2019(Universidade Federal de Goiás, 2021-10-28) Andrade, Elzo José da Silva; Dutra, Renata Botelho; Dutra, Renata Botelho; Andery, Fernanda Rezek; Arruda, Lorena Torres deThe scope of the work is to analyze the legitimacy for the execution of the fine resulting from a final and unappealable sentence after the enactment of Law No. 13.964/2019. It addresses issues related to its legal nature and its execution, as well as its adequacy to the Federal Constitution in force and the possible consequences to be observed in the life of the convict after the amendment. Thus, it brings its concept and history because it is fundamental to understand the origin of this important penalty, as well as the jurisprudential and doctrinal understandings on the subject were developed. There were many jurisprudential and doctrinal discussions about the legitimate party that should propose the enforcement action of the fine penalty and its competent court. The controversy deserves further discussion due to the recent decision of the STF that recognized the priority legitimacy of the Public Ministry to promote the execution of the fine penalty and established the subsidiary attribution of the Penal Execution Court. The results indicate that the Anti-Crime Package consolidates the understanding that the fine has not lost its nature as a criminal sanction as it is considered a debt of value, so its jurisdiction lies with the Criminal Execution Court and the holder of the action is the Public Prosecutor's Office. , also, regarding the enforcement process, there is disagreement about whether this competence is exclusive or priority. It concludes that, with the understanding of ADI 3150/DF, the subsidiarity of the Public Treasury to enforce the criminal fine still remains, even if at the present time there is still disagreement between the courts and the doctrine on the subject.