A Dosimetria Da Pena E O Princípio Da Individualização No Direito Penal Brasileiro: Limites Constitucionais E Parâmetros Jurisprudenciais

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Authors: Joacy Araujo Nunes Reis Junior
Cited by: 1
References: 16

Abstract

This article analyzes the principle of individualization of punishment as one of the fundamental pillars of the Democratic Rule of Law and as an instrument for the realization of criminal justice in the Brazilian legal system. Enshrined in Article 5, item XLVI, of the 1988 Federal Constitution, the principle ensures that the application of punishment takes into account the particularities of the specific case, the personal conditions of the offender, and the gravity of the crime, avoiding generic and disproportionate decisions. The study aims to examine the structure and criteria of sentencing in light of the doctrine and recent jurisprudence of the Supreme Federal Court and the Superior Court of Justice, highlighting its relevance to the realization of fundamental rights and guarantees. The methodology adopted was qualitative, exploratory in nature, based on a bibliographic review and documentary analysis of judgments and classic and contemporary works of criminal law. The results indicate that rational justification and proportionality are indispensable conditions for the legitimacy of punishment and for the preservation of human dignity. It is concluded that the correct application of sentencing guidelines strengthens legal certainty, rationalizes punitive power, and reaffirms the commitment of the Brazilian penal system to substantive justice and constitutional values.

Fields of Study & Subjects

Brazilian Legal Issues Academic Research in Diverse Fields Criminal Justice and Penology

Publication details

Journal / source
RCMOS - Revista Científica Multidisciplinar O Saber
Publisher
Editora Aluz
Volume
1
Issue
1
Publication date
25 February 2026