The limits of judicial action in modifying restrictive rights penalties in execution

Abstract

The legal discipline of the execution of restrictive rights penalties does not specifically address the limits of the judge's action in their incidents. Forensic dynamics demonstrate that setting rigid boundaries makes it inefficient and difficult for sentenced individuals to comply with the penalty. This paper aims to address the possibility of modifying restrictive rights penalties whose modalities have been determined by the sentence. To do so, legislative provisions and jurisprudence from the Superior Court of Justice and the Federal Supreme Court on the matter were analyzed. The conclusion presented is that the position of the Superior Court of Justice, which does not allow the modification of the type of alternative penalty on the grounds that the res judicata must be preserved, has no legal basis and contradicts its own jurisprudence regarding other issues in criminal execution.