Dosimetria penal: circunstâncias judiciais de fixação da pena-base (art. 59 do CPB)

Abstract

It analyzes the penal dosimetria with relationship to the fixation of the penaltybase. It retraces to the origins of the penalty and of the state right of punishing in the old societies until its current application in several countries, mainly in Brazil. It treats about the penal sentence, its beddings and requirements, giving special attention to condemnatory penal sentence. It disposes about the penal dosimetria and the constitutional principle of individualization of the penalty, delineating its particularities and application in several countries. It delimits the research in the first phase of the penal dosimetria, that treats about the judicial circumstances of the art. 59 of Brazilian Criminal Code. It presents the judicial circumstances, individualizing them, pointing out its characteristics and evidencing the adopted procedure for its correct appreciation by the magistrate. It treats about the Brazilian penal instruction, presenting the problems that disable the magistrate to analyze the judicial circumstances satisfactorily, causing penalties in disagreement to the individualization principle of the penal reprimands.