The immediate unconstitutionality compliance with the penalty applied by the court of the jury

Abstract

The Brazilian criminal process has undergone some changes with the advent of Law n. 13.964/2019, known as the anti-crime package, reformulating some aspects of the Code. The result of this major reform was, in some ways, promising. However, the object of the present work is to address the unconstitutionality of what is provided for in article 492, item I, "e", which expressly violates the Supreme Federal Court's last position on the early execution of the sentence. As from the aforementioned reform, whoever is sentenced to a sentence equal to or greater than 15 (fifteen) years of imprisonment, must be taken to prison, regardless of the requirements of preventive detention being present. The aim is to present the arguments for making the article unconstitutional. In this way, as a methodology we have the analysis of article 492, item I, "e", of the Code of Criminal Procedure, combined with a doctrinal and jurisprudential analysis on the subject, using, thus, the deductive method, concluding that the topic addressed is unconstitutional.