EXECUÇÃO PENAL DOS CRIMES CONTRA O PATRIMÔNIO: A PENA DE MULTA À LUZ DA CRIMINOLOGIA CRÍTICA DO CONFLITO

Abstract

Criminal Law has developed throughout history under the influence of political and social factors that underlie the punitive system. As it is a highly complex phenomenon, crime has been studied from different perspectives. This work is based on Critical Criminology, which analyzes crime and the penal system according to the social, political and economic context and its influence on both criminal behavior and the State's response to negative conduct. Critical Conflict Theory argues that the interests of certain classes stand out in the formation of the criminalization system. Throughout history, this approach could be observed in several significant moments in the development of Criminal Law. The work is dedicated to studying how the ideals of this sociological model are observed in criminal execution in Brazil, especially in the form of application of fines. The methodological approach follows the qualitative method, through the bibliographical review of books and articles from studies in the area of Criminology and Criminal Law, as well as the analysis of jurisprudence and regulations of the Superior Courts. The application of the fine for applicable crimes, the effects of the conviction and the jurisprudential understanding on the subject, as well as the pattern of people convicted, are assessed. When examining the crimes that carry monetary penalties and the socioeconomic profile of people serving sentences for these crimes, there is a failure on the part of the State to promote adequate means for effective punishment and resocialization. In this sense, it is necessary to reflect on the practical effects of fines in Brazil and the logical relationship with encouraging poverty among incarcerated groups, an effect that interferes not only in the individual sphere of the convict, but in their family nucleus. The study concludes that it is possible to perceive the relationship between Conflict Criminology and the fine, as the imposition of monetary sanctions is aimed mainly at “lower class criminality”, reinforcing a cycle of inequality related to criminalization of poverty. The country's current reality highlights that the criminal system needs to be reformulated, in order to adapt the punitive model to the legal system's proposals: repression and effective crime prevention. The present work does not propose to defend the abolitionist thesis, but to adapt the punishment in order to guarantee an application of the sentence that makes it possible for the convict to comply with it and, at the same time, to resocialize with fair and effective opportunities.