THE APPLICATION OF THE PRINCIPLE OF INDIVIDUALIZATION OF THE PENALTY IN THE PENAL EXECUTION

Abstract

This article deals with the principle of individualization of the penalty in criminal prosecution and execution of the penalty. For this, the deductive method of research was used, where it was based on the premise that the principle of individualization of the penalty, as a constitutional norm, must be applied in the concrete case. This materialization, to be given in the establishment of the criminal type, in the prosecution and execution of the sentence, constitutes a basic postulate of justice, considering that there are countless factors that distinguish each crime and each individual subject to criminal laws. Thus, the aim of this study is to point out what the literature points out as this principle should be understood, the norm extracted from its precept, the legal operators appointed as enforcement agents of the legislation, in addition to the harm caused by non-compliance.