COMPETENCE IN MATTERS OF PENAL EXECUTION, INVOLVING THE INSTITUTES OF COMMUTATION, PARDON, DETENTION, REMISSION, PROGRESSION AND REGRESSION OF REGIME.TÍTULO DO TRABALHO EM ESPANHOL

Abstract

This article sought analyzes the complex distribution of powers between the Judiciary and the Executive in the sphere of Brazilian penal execution, with a focus on the institutes of commutation, pardon, detention, remission, progression and regression of regime. Using a qualitative methodology, based on bibliographical and documentary research, the legal basis and practical application of these mechanisms, which are essential to the individualization of the sentence and to guaranteeing the dignity of the convict, are examined. The results point to a functional division of attributions, with the Executive holding clemency prerogatives such as pardons and commutation and the Judiciary managing the course of execution, including detention, remission, regression and regime progression. However, the analysis reveals the existence of significant challenges, including potential conflicts of jurisdiction, regulatory gaps that generate legal uncertainty, deficiencies in inter-institutional coordination and serious structural problems in the prison system, which compromise the effectiveness of penal execution and the desired resocialization. The conclusion is that there is a need for legislative improvement, greater coordination between agencies and investment in public policies that make the guiding constitutional principles of penal execution a reality.