Commentary on Judgment No. 38848 of 2024: The Recognition of "in Executivis" Continuation and the Limits of Sentence Increase
Judgment No. 38848 of 2024, issued by the Court of Cassation, represents an important insight into criminal enforcement, specifically regarding the recognition of "in executivis" continuation and the illegality of increased sentences beyond the limits set by Article 81 of the Penal Code. This article aims to analyze the implications of this ruling, highlighting the possibilities for appeal for the convicted individual.
The Regulatory Context and the Judgment
The Court of Cassation, in the judgment under examination, established that a sentence that, as a result of the "in executivis" recognition of continuation, exceeds the limits provided by Article 81, paragraphs one and two, of the Penal Code is illegal. This implies that, even if a sentence has not been challenged, the convicted individual has the right to request the execution judge to reduce it to the limits set by law.
This decision is situated within a rich and complex jurisprudential context, in which the Court has already had the opportunity to rule on similar issues in previous judgments, highlighting the need to ensure respect for the rights of the convicted individual and the correct application of the rules.
Analysis of the Maxim and Practical Implications
Recognition of "in executivis" continuation - Increase beyond the limit of Article 81 of the Penal Code - Illegal sentence - Failure to appeal the provision - Subsequent admissibility of the illegality of the sentence before the execution judge - Existing - Case. In terms of enforcement, a sentence that, as a result of the "in executivis" recognition of continuation, has been increased beyond the limits established by Article 81, paragraphs one and two, of the Penal Code is illegal, so that, even if the provision has not been challenged, the convicted individual can request the execution judge to bring it back within the mandatory limits set by the legal system. (Case related to a request submitted by the convicted individual following the notification of the cumulative provision that had enforced the illegal sentence as redefined "in executivis").
The maxim of the judgment clarifies that the sentence, even in a context of cumulative offenses and with the application of continuation, cannot exceed the limits set by law. This principle of legality is fundamental in a legal system that respects itself and serves as a bulwark against arbitrariness.
- The right of the convicted individual to assert the illegality of the sentence, even if not appealed;
- The necessity for intervention by the execution judge to bring the sentence back within the prescribed limits;
- The emphasis on the protection of fundamental rights in the context of criminal enforcement.
Conclusions
Judgment No. 38848 of 2024 represents an important step forward in the protection of the rights of convicted individuals and in the correct application of criminal norms. It underscores the necessity of rigorous control over the sentences imposed, so that the limits of legality are never exceeded. In a fair legal system, it is essential that every convicted individual can fully exercise their rights, even during the execution of the sentence.
