Individualização e consistência da aplicação da pena - como estabelecer o equilíbrio?

Abstract

The present article aims - in the descriptive part - at reporting on the discussions that took place at the 13th Colloquium on Criminal Sciences of the Faculty of Law of the Georg-August University of Göttingen, Germany, coordinated by Prof. Kai Ambos. The discussions revolved around the comparison of sentencing between the English and Welsh, US American, Canadian, and German systems. Topics such as judges’ discretion, the parameters for sentencing; sentencing guidelines and their implications, as well as the feasibility of implementing a national sentencing database, fostering debates among judges regarding sentencing and the respective parameters were discussed as well.  The increase in incarceration rates in some of the above-mentioned systems was equally addressed. Finally, it was examined the desirable balance between individualization and the consistency of sentences; transparency in sentencing; and greater involvement of judges in the sentence implementation. In a second part, the authors make a brief analysis of the problem from the standpoint of the Brazilian legal system.