A (in)constitucionalidade da execução antecipada da pena : uma análise ao artigo 492, i, “e”, do código de processo penal

Abstract

The Code of Criminal Procedure underwent substantial changes with the enactment of Law n. 13.964/2019, which became popularly known as the “Anti-Crime Package”. A consequence of this legislative novelty was the introduction of item “e” in item I of article 492 of the CPP, whose content now allows the arrest for the anticipated fulfillment of the sentence of defendants sentenced to a sentence equal to or greater than 15 years. In this sense, this article aimed to analyze the (un)constitutionality of the legal provision, through a methodology of qualitative spectrum of principles expressed in the Federal Constitution. With that, inconsistencies of the referred norm were presented in the face of the current constitutional and infraconstitutional provisions, as well as the conceptions of the Federal Supreme Court, which led us to the conclusion that the said rule is unconstitutional in view of the current understanding enacted in the Fedral Constitution of the Republic Federation of Brazil, 1988.