O processo de execução penal do preso e os princípios constitucionais que o regem

Abstract

ln this paperwork we examined the principles inserted in the Federal Constitution, which have total application on the Criminal Execution Process. One of the main fundamentals of our Democratic State of Law, concerning to the dignity of the human being, which directly relates to the subject in question (Chapter II), is examinated prior to the analysis of these principles, right after the introduction (Chapter 1). Shortly after a brief report about the Criminal execution in our Country (Chapter III), we study its juridical nature and where we may conclude that in our legal system the Criminal execution is essentially jurisdictional. ln this study, a! first, an evaluation is performed upon the incidence of each principle in relation to the process as a whole and afterwards, the same is done in view of the Criminal Execution Process specifically. The following principles are studied: equality, legality, natural judge, due legal process, of the contradictory, ample defense, humanization of the sentence, individualization of the sentence and publication. ln the next Chapter (IV) an exam is done on the autonomy of the criminal execution, i e., if it really flaunts the state of true process or if it is solely the final phase of the criminal process as it looks to some researches. At the end, a chapter is inserted with regard to the rights of the convicted enumerating them accordingly to what our law and the leis infra[1]constitutional laws, signaling who are those affected by the sentence. lf these principles are in fact applied to the process and the guarantees, in both, in the Federal Constitution as well as in the legislation which completes the former, much will be done in order to reintroduce the convicted into society which ends up being the aim of the Criminal Execution