THE ESTABLISHMENT OF THE REFERENCE DATE IN SENTENCE AGGREGATION DECISIONS THAT DETERMINE REGIME REGRESSION: A COMPARATIVE ANALYSIS OF THE CASE LAW OF THE COURT OF JUSTICE OF SANTA CATARINA AND THE JUDGMENT ISSUED IN PROAFR IN RESP 1.753.509/PR

Abstract

Objective: This article analyzes the jurisprudential divergence regarding the establishment of the reference date in sentence aggregation decisions determining regime regression, comparing the case law of the Court of Justice of Santa Catarina (TJSC) with the judgment issued by the Superior Court of Justice (STJ) in ProAfr in REsp 1.753.509/PR.

Methodology: A comparative and qualitative legal approach is adopted, based on literature review, document analysis, and the examination of judicial precedents. The study assesses the binding effect of the precedent and its practical application by the TJSC.

Results: The findings reveal that the TJSC’s prevailing interpretation, which maintains the reference date from a prior regime progression, contradicts the ratio decidendi of the binding precedent, resulting in unlawful execution extensions and violations of legality, pro homine, and human dignity principles.

Conclusions: The article concludes that the reference date should be based on the last imprisonment or disciplinary infraction, ensuring consistency with legality, human rights, and jurisprudential coherence.