THE POSSIBLE CONTROVERSY OF INCREASING THE PENALTY FOR RECIPIDENCE

Abstract

The objective of this study is to analyze the controversy surrounding the aggravation of sentences for recidivism, questioning whether it is fair to punish an individual for a current crime based on a past infraction already completed, which could constitute double punishment, violating constitutional principles. To solve this problem, it is suggested to use sentence dosimetry to calculate the sanction for the current crime in accordance with the principle of "ne bis in idem", avoiding repeated trials for the same crime. The deductive method was used in this research. In the final considerations, it is concluded that considering recidivism as an aggravating factor violates the principle of bis in idem and other constitutional principles.