Time limits to criminals antecedents: doctrinal and jurisprudencial aspects

Abstract

It is usual in criminal cases the application of antecedents in the process of fixing criminal penalties, as established in the Penal Code. Recent trial of one of the Supreme Court classes, however, has revived the discussion about the time limits of criminals antecedents, in analogy to the provisions of the Penal Code for recidivism institute,because the Ministers had a different understanding than the usual entente of theSuperior Court of Justice – although is still pending judgment in the Supreme Court the appeal in which this object had recognized general repercussion and will be explored again. As it is an important matter, whose divergence advances on the doctrinal area, the present article starts studying the individualization of punishment, its moments and systems, focusing on judicial individualization of punishment and the systemadopted by the Penal Code. Then goes through the explanation about the first step of punishment individualization, consisting on analysis of legal circumstances, especially about the antecedents, its conceptualization, doctrinal criticism and other discussions about the matter. And finally, this study arrive at the central point of the discussion, which is the (im)possibility to consider criminal antecedents after passing the five years of recidivism, explaining the different arguments in doctrine and inas established in the Penal Code. Recent trial of one of the Supreme Court classes, however, has revived the discussion about the time limits of criminals antecedents, in analogy to the provisions of the Penal Code for recidivism institute,because the Ministers had a different understanding than the usual entente of theSuperior Court of Justice – although is still pending judgment in the Supreme Court the appeal in which this object had recognized general repercussion and will be explored again. As it is an important matter, whose divergence advances on the doctrinal area, the present article starts studying the individualization of punishment, its moments and systems, focusing on judicial individualization of punishment and the systemadopted by the Penal Code. Then goes through the explanation about the first step of punishment individualization, consisting on analysis of legal circumstances, especially about the antecedents, its onceptualization, doctrinal criticism and other discussions about the matter. And finally, this study arrive at the central point of the discussion, which is the (im)possibility to consider criminal antecedents after passing the five years of recidivism, explaining the different arguments in doctrine and in Courts.