Pacote anticrime: aplicação da Lei nº 13.964, de 24 de dezembro de 2019, sob a perspectiva do contraditório e das garantias estabelecidas na lei penal e processual penal São Luís

Abstract

The main theme of this work is the critical analysis of certain changes that occurred with the implementation of Law nº 13.964/2019, highlighting the social and political context for its creation, the ideology used, and even the smallest details that were not properly taken into account by the legislator. The law is popularly known as the "Anti-Crime Package", and represents one of the biggest changes ever made to the Brazilian Criminal Code and Criminal Procedure. In this way, the research carried out highlights a series of details that were not properly observed by the legislator during the changes made to article 112 of the Penal Execution Law, clarifying the concept and criteria established by the Brazilian penal system to characterize the recidivism of the offender. With this in mind, a critical analysis was made of the ideology used, which is based on a punitivist criminal policy and the application of maximum criminal law, also verifying some modifications made by Law nº 13.964/2019, equated to the aforementioned ideology. This is based on criminal guarantism, an ideology that opposes the one used in the Anti-Crime Package, and is concerned with ensuring that society's fundamental rights, established in the Federal Constitution, are not violated by the state. The hypothetical-deductive method was used, formulating a possible hypothesis to explain the problem and proving it true or false. Thus, the research methodology used to carry out this work is bibliographical, based on books and scientific articles. Therefore, the source used in this work is articles, magazines, books and case law, in order to make it as up-to-date as possible. However, some of the negative and positive aspects arising from this law were highlighted, noting that its practical results generate effects that are totally adverse to what was expected.