A impossibilidade da progressão de regime frente ao inadimplemento da pena de multa: um estudo acerca da jurisprudência dos tribunais superiores

Abstract

The research examines the impact of judicial activism on the progression of the prison regime, when conditioned on the payment of a fine. Although the 1988 Constitution protects fundamental rights, this additional requirement, imposed by precedents of the Federal Supreme Court (STF), generates harmful effects on criminal execution. The study's landmark is Criminal Action nº 470, in which the STF rejected the progression of the regime due to non-payment of the fine, fostering jurisprudential divergences. The research conceptualizes the penalty of a fine, its compensatory nature, and its setting considering the seriousness of the crime and the economic conditions of the offender. Furthermore, it demonstrates that the link to progression disregards the hyposufficiency of a large proportion of inmates, making resocialization difficult and worsening prison overcrowding. This practice goes against the principles of legality, the individualization of punishment and the dignity of the human person, demanding improvements in the criminal execution system to guarantee greater effectiveness and justice.