The scoresheet 231 of the STJ front of the constitutional principles

Abstract

A summary published in 1999 by the Superior Court of Justice (STJ) number 231 determines that the mitigating circumstances considered in the second phase of the implementation of the sentence could not take the provisional penalty below the statutory minimum, been limiting the performance of the magistrate, in violation clearly constitutional principles, including the legality, individualization of sentences, of human dignity, individual culpability. In applying the scoresheet, extenuating be recognized, but not implemented, hence, not characteristics of the offense committed and the agent will be analyzed. Being arranged in said docket in disagreement with the constitutional framework. Will be discussed doctrinal and jurisprudential positions against and in favor of the scoresheet under discussion, with the desideratum to show the unconstitutionality and injustice to the accused.