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The Justice determines that in the dosimetry phase of the sentence, convictions that have been extinguished for more than five years must be disregarded

Justice Gilmar Mendes of the Brazilian Federal Supreme Court (STF) has ordered a new sentence to be imposed on a convicted person, disregarding, in the first phase of the dosimetry, the negative valuation on previous convictions that were extinguished for more than five years ago. The decision was taken at the Ordinary Appeal in Habeas Corpus (RHC) 168947, filed by the Office of the Public Defender of Mato Grosso do Sul and received by the rapporteur.

Decision

Justice Gilmar Mendes stated that although the controversy is submitted to the Supreme Court's analysis in Extraordinary Appeal (RE) 593818, with recognized general repercussion, there is jurisprudence of the two Chambers of the STF in the sense that penalties extinguished for more than five years can not be valued as bad antecedents. In this sense, he quoted several precedents of both Chambers.

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