O Que É o Princípio da Jurisdicionalidade?

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Última Atualização 23 de dezembro de 2020

QUESTÃO CERTA: A autonomia da execução penal implica a compreensão de que: há uma feição jurisdicional da execução da pena e plenitude das garantias constitucionais penais e processuais penais.

Princípio da jurisdicionalidade (art. 2º da LEP): 

Na prática, isso significa que a intervenção do juiz não se esgota com o trânsito em julgado da sentença proferida no processo de conhecimento, estendendo-se ao processo executório da pena. Significa também que, apesar de alguns atos administrativos fazerem parte da atuação do magistrado, sua intervenção na execução da pena é essencialmente jurisdicional.

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 Em consequência, aplicam-se, em sede de execução, as garantias da ampla defesa, contraditório, duplo grau de jurisdição, devido processo legal, imparcialidade do juiz, uso de meios de prova lícitos e legítimos, publicidade etc.”

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