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The (i)legality of applying the theory of guilt to the base sentence:: The quantification of the penalty in the light of the Democratic State of Law

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Book Details
Language
English
Publishers
Our Knowledge Publishing (10 May 2024)
Weight
0.13 KG
Publication Date
10/05/2024
ISBN-10
6207526325
Pages
80 pages
ISBN-13
9786207526321
Dimensions
15 x 0.48 x 22 cm
SKU
9786207526321
Author Name
Luana Mena Barreto Lenzi (Author)
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The insufficiency of the natural rules of coexistence has allowed the state to intervene in social life by means of punishment, albeit in a minimal way, giving rise to an institutionalised punitive system. Sanctions must be established as state mechanisms of social control and correspond to preventive and retributive purposes in relation to behaviour.

They must seek to contain and combat crime and reintegrate offenders into society, preventing them from committing new offences and serving as an example to the community. The theses that support the initial assessment of the penalty vary between the subjective analysis of the offender and the predominance of the elements of the crime.

In Brazil, criminal behaviour is typified, which is why the possibility of the concomitant presence of the Criminal Law of the Fact and the Criminal Law of the Author is discussed, in view of the use of the subjective criteria set out in art. 59 of the Penal Code to apply the basic penalty.

This question gives rise to the content of this work. .

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