A (in)constitucionalidade do artigo 33, §4º do código penal brasileiro na vedação à progressão de regime nos crimes contra a Administração Pública

Abstract

Article 33, paragraph 4 of the Brazilian Penal Code is analysed in relation to the prohibition of regime progression stipulated by it, as well as the principle of insignificance in crimes against the public administration, in comparison with the principles of reasonableness and dignity of the human person. The thesis is defended through doctrinal positions that support the unconstitutionality of the aforementioned article in the separate treatment directed at the underprivileged public agent, as well as through the draconian collation of jurisprudence contradictory to the issue originating from the highest Courts in the country, pointing to the legal insecurity of jurisprudence that does not equidistantly relate public morality, the principle of insignificance and the institute of regime progression to public agents who incur the criminal types described in Title XI of the Brazilian Penal Code.