Dosimetria da Pena

Features Dosimetria da Pena

This application was developed to calculate, in a simple and objective way, through Nelson Hungarys three-phase system, as provided in article 68 of the Penal Code, the penalty imposed on a person, as a result of a condemnatory criminal sentence.In the first phase, the calculation takes place through the insertion of the value of the penalties, minimum and maximum, in the corresponding fields, followed by the subjective analysis of the eight judicial circumstances: culpability, antecedents, social conduct, personality of the agent, motives, circumstances and consequences of the crime, as well as the victims behavior.
Having analyzed these circumstances, the calculation of the base penalty is given proportionately, based on the data entered.In the second stage, an assessment will be made of the circumstances that attenuate or aggravate the penalty, being that “the Code does not establish the amount of increase or decrease of the aggravating and general legal attenuators, leaving it to the discretion of the judge.
However, we maintain that the variation in these circumstances should not go far beyond the minimum limit for majorities and minorities, which is set at one sixth.
Otherwise, the aggravating and mitigating factors would be equivalent to those causes that modify the penalty, which, in our opinion, are more intense, being slightly below the qualifiers (in the case of majorants) ”(BITENCOURT, Cezar Roberto.
Commented Penal Code, p.
219).
Therefore, the calculator aggregates the new quantities, being chosen by the operator, or, proportionally, calculated by the application, culminating in the intermediate penalty.In the third and last phase, the causes of increase and decrease are observed, for which the Penal Code reserved the increase or decrease in fractions, resulting in the final penalty.
The calculator performs the set of calculations in an exclusively mathematical form, considering the expected three-phase format and its premises, without subjective weighting and without legal analysis, just by inserting the corresponding fraction.The application also has an interface for partial calculation, specifically executing the third phase of Dosimetry.
In addition, the tool has a report with all the information involved in the calculation, allowing the user to review, share and export this data.In the main menu, in addition to the basic navigation and operation functions, the user has three tabs for quick reference in the Penal Code, Penal Procedure Code and in the Penal Execution Law.