THE VALUATION OF SOCIAL CONDUCT AS A POSITIVE JUDICIAL CIRCUMSTANCE IN THE DOSIMETRY OF THE PENALTY

Abstract

This article aimed to analyze the valuation of the agent's social conduct as a positive judicial circumstance in the dosimetry of the penalty, focusing on its practical implementation and the legal grounds that support it. The research adopts a qualitative approach with a bibliographical review of part of the criminological and criminal doctrine and jurisprudence of the Superior Court of Justice and precedents from local courts. Since this is a judicial circumstance with a high degree of subjectivity, its incidence requires a deep interdisciplinary analysis of the social context in which the defendant is placed. The results indicate that, although social conduct is foreseen in article 59 of the Penal Code as an element to be considered, for the most part, as a factor for increasing the first phase of the dosimetry, its positive assessment, although still in its early stages, is a very reasonable alternative in light of the discretion of the court, which represents, to some extent, a step forward in making the sentencing process more humane.