O problema da competência para modificação da pena, nos casos especiais de concurso superveniente de crimes & cúmulo jurídico (caso do Estabelecimento Penitenciário de Máxima Segurança de Machava-BO)

Abstract

In this final course work, the theme addresses the issue of subsequent knowledge of the concurrence of crimes committed by the agent. The theme in question is more focused on the resolution of cases or concrete situations of everyday life in courts, which is why the author decided to approach the topic from a practical perspective. Therefore, he would not leave aside the general principles that militate so that the purposes of criminal penalties can be achieved, the case having become final and the court competent to promote the legal cumulation, a means to achieve peace and legal security for the convicted person. Based on a case-by-case analysis and the various doctrinal positions that are controversial and the positions of the case law in the appeal stage on each case focused on, this work seeks to bring the procedure to be followed in these cases for the exercise of the legal cumulation by subsequent knowledge of crimes and, at the same time, presents topics for the respective solution.