APPLICABILITY OF UNNOMINATED MITIGANTS ACCORDING TO ANALYSIS OF THE JURISPRUDENCE OF THE COURT OF JUSTICE OF TOCANTINS

Abstract

This study aims to concisely present the applicability of unnamed mitigating circumstances in the decisions issued by the Court of Justice of the State of Tocantins, as well as to understand the Brazilian legal framework concerning these mitigating circumstances, which are mentioned tacitly in a single article of the Brazilian Penal Code. The unnamed mitigating circumstances refer to situations that can reduce a defendant's sentence, applied in exceptional circumstances not explicitly provided for in the law. The analysis of the jurisprudence of the TJTO shows that the application of these mitigating circumstances involves identifying specific and subjective factors that influence the agent's behavior, considering aspects of the defendant's personality, the social context, and the conditions under which the crime occurred. For the development of this study, a bibliographical review will be conducted, configuring it as an exploratory and qualitative research, which will utilize references from scientific articles, current legislation, doctrines, and decisions from the TJTO. The objective is to expose the theoretical legislation and the applicability of unnamed mitigating circumstances, as well as the doctrinal understanding of the subject, concluding with an analysis of the different interpretations in the application of this moderating institute. The requirement for robust justification in the decisions of the TJTO ensures that the judge's discretion does not become a tool of arbitrariness, but rather an opportunity for the realization of justice, promoting decisions that seek not only punishment but also understanding and the social reintegration of the individual.