Português
The present work analyzes under the dogmatic prism if the literal and indiscriminate interpretation of art. 195 of the Penal Execution Law is consistent with the current constitutional order. To do so, it is willing to discuss, from the overcoming of the administrative legal nature by the jurisdicti...
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| Format: | Online |
| Language: | Português |
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TJDFT
2025
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| Online Access: | https://revistajuridica.tjdft.jus.br/rdj/article/view/962 |
| Summary: | The present work analyzes under the dogmatic prism if the literal and indiscriminate interpretation of art. 195 of the Penal Execution Law is consistent with the current constitutional order. To do so, it is willing to discuss, from the overcoming of the administrative legal nature by the jurisdictionalization of criminal execution, the implications in the sphere of the fundamental rights of the person subjected to the execution of a sentence. It tried to explore whether the criminal procedural guarantees incident to the process of knowledge, in the form radiated by the constitutional matrix, would also have shelter and to what extent in the praetorian practice carried out in the singularity of the execution process. Finally, it is considered that the interpretation of the legal provision, assuring the judicial initiative in incidental procedures related to the enforceable procedural area, demands essential filtering based on constitutional canons to achieve the conditions of possibility essential to the maintenance of impartiality, taken as elementary inherent and fundamental part of the accusatory system. The method used is hypothetical-deductive, with the technique of bibliographical research. |
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| ISSN: | 2675-9640 |