Abstract:
This study sought to understand the role of the State as to its power / duty in the execution of the penalty regime progression as well as the public interest in criminal enforcement, taking into account the preventative, special purpose, positive pen, which is the rehabilitation. From this it sought to draw a parallel with the subjective right of the defendant to accept or not the progression system for the fulfillment of his pen, behold, it is the benefit offered by the Penal Execution Law No. 7,210 / 84. The research took as the case of Suzane Louise von Richthofen, who gave up the benefit of progression to less strict regime (semi-open), and its application is accepted by the Magistrate responsible for the execution of his sentence.
