THE PENAL EXECUTION LAW: THE REGIME PROGRESSION SYSTEM FOR HEINOUS CRIMES AND NORMATIVE COHERENCE

Abstract

This article aims to analyze the legal and jurisprudential criteria for regime progression in heinous crimes in light of the Penal Execution Law (LEP), focusing on the asymmetries of the legislative list and the role of the Supreme Federal Court (STF) in the constitutional conformation of the system. It discusses the deficit of legislative coherence in the current system, which, on the one hand, restricts rights under the justification of penal rigor and, on the other, presents a heterogeneous penal treatment that challenges proportionality. The methodology adopted consists of bibliographic, legislative, and documentary research, with a qualitative approach, including doctrinal analysis, examination of legislative evolution — notably the changes promoted by the Anticrime Package and Law No. 15,159/2025 — and review of structuring STF precedents. Based on the research conducted, it demonstrates the need for legislative reform to ensure greater normative rationality and predictability in the enforcement of sentences for heinous crimes, aligning penal execution with constitutional dictates and the principles of individualized sentencing and strict legality.