REFLEXÕES SOBRE A APLICAÇÃO DE INSTITUTOS CONSENSUAIS NA EXECUÇÃO DA PENA DE MULTA

Abstract

The study aims to analyze the legal nature of the fine penalty. Specifically, it intends to examine the controversy over the possibility of setting minimum limits for its execution. It proposes a review of the rigid character of the execution of the fine penalty from the perspective of consensual Criminal Procedural Law. To this end, it used a dialectical methodology, discussing the mitigation of the principle of mandatory criminal action, without losing sight of the criminal nature of the fine penalty. It concludes that the application of institutes that relativize the rigidity of criminal instruments in the pre-procedural phase (such as criminal transaction, conditional suspension of the process and agreement of non-criminal prosecution) opens space for reflection on the feasibility of, in the phase of criminal execution, admitting the setting of minimum limits for the enforceability of the fine penalty.