THE BASE DATE IN THE CONTEXT OF CRIMINAL EXECUTION AND THE PROBLEMATICS OF SUPERVENING A NEW CONVICTION WITH A MORE RIGOROUS REGIME

Abstract

This article delves into the critical issue of defining the base date in penal execution during the unification of sentences in various scenarios, aiming to contribute to a more predictable and stable criminal justice system. The Superior Court of Justice (STJ) in Brazil plays a pivotal role in interpreting and applying norms related to penal execution, holding the responsibility for the definitive interpretation of infraconstitutional legislation, including the Penal Execution Law. The Third Section of the STJ has established the stance that the unification of sentences does not necessitate a change in the base date for granting new executive benefits. However, this high court has not taken into account the regime set in the subsequent conviction. Therefore, the matter of the base date remains an open topic for discussion. Through bibliographic and jurisprudential research, this article aims to contribute to the debate from the perspective of the pro homine principle.