Exame criminológico e o populismo penal: Processo Legislativo e o discruso parlamentar na edição da Lei no 14.843/2024

Abstract

This paper aims to analyze the legislative process of Law 14.843/2024, which reinstated the mandatory criminal examination. It discusses the influence of penal populism, highlighting the arguments used by defenders and opponents of the institute, in order to verify the basis and effectiveness of the procedure for the intended purpose. Using a qualitative, critical-deductive approach, based on normative, bibliographic, and documentary research, in addition to the analysis of technical and political positions, the study begins with a contextualization of the examination in the Brazilian context, indicating how it first appeared in legislation, highlighting the path taken with legislative changes and the jurisprudential understanding when the mandatory nature of the examination was removed by Law No. 10,792/2003. Subsequently, a timeline is presented from the initial bill's introduction to its shelving, which led to the request for its reactivation, the veto process, and the enactment of Law No. 14,843/2024. Finally, the discourses presented, empirical data, practical impacts, and the relationship between the return of the examination and penal populism and mass incarceration are critically analyzed. It is concluded that the return of the mandatory multidisciplinary examination operates as a mechanism for restricting rights, proving to be incompatible with the constitutional principles of the execution of criminal sentences.