As sentenças criminais condenatórias e suas constantes reformas pela instância superior

Abstract

This article reports on the situation of the higher courts constantly reforming the condemnatory criminal judgments handed down by the lower court. It is intended to establish the difference between the judgments of the singular judgment and the judgments delivered by the judges, especially as regards the grounds. It aims to demonstrate the importance of condemnatory criminal sentences in the lives of individuals, identifying and understanding why they are constantly reformed by the higher court. The work begins by talking about the concept of sentence, its species and requirements. Still, there is talk of violating the principle of individualization of punishment. It has as line of studies the doctrines related to the subject, the Penal Code and the Code of Criminal Procedure. It is necessary to perform a document analysis consulting processes through the system of the Court of Pernambuco. In each topic it aims to demonstrate how condemnatory criminal judgments should be rendered, as it must comply with all the basic principles and requirements established by law. Finally, looking at how magistrates make their condemnatory decisions, what principles are currently disobeyed, and how these reforms are made by the higher court after the appeal is filed by the defense. In each topic, we seek to highlight how the dosimetry of the penalty should be made, especially with regard to the first phase, since this is where the recurring changes in the judgments of the floor judgment occur. It was found that, due to the bad reasoning in the decisions of the single court, regarding the analysis of the judicial circumstances, these are incessantly reformed when appealed.