CRIMINALIZAÇÃO DA POBREZA E PENA DE MULTA: ANÁLISE DA (EXCESSIVA) APLICAÇÃO DA LEGISLAÇÃO PELO TRIBUNAL DE JUSTIÇA DO ESTADO DA PARAÍBA

Abstract

The present study aims to verify the existence of an excess of the punitive power in judicial decisions from the State Court of Justice of Paraíba, especially when compared to repetitive cases relevant to Theme 931 of the Superior Court of Justice. For this, a bibliographical research approach with a qualitative bias was used, analyzing doctrinal production alongside existing data from independent researchs or from collective or governmental entities. The results obtained demonstrated an excess of state punitive power, which imposes a cycle of poverty and marginalization on specific social segments. Furthermore, the state itself, through the repressive institutions of the Penal State, employs normative measures to keep the sentenced individual in custody, even when the liberty restrition imprisonment has been fully served, such as in cases involving notably high criminal fines. The Superior Court of Justice, when faced with the execution of criminal fines against highly vulnerable individuals, established Theme 931, deciding for the possibility of extinguishing criminal liability regardless of the payment of the pecuniary amount. However, through an analysis of decisions issued by the Paraíba State Court of Justice, it is evident that significant enforcement burdens are imposed in cases that fit the criteria established by the Superior Court.