DOSIMETRIA DA PENA: LEGISLAÇÃO, PRÁTICA JUDICIAL E A QUESTÃO DA INSEGURANÇA JURÍDICA

This paper aimed to add a critical and well-founded perspective to the contemporary debate on sentencing, highlighting the importance of clarity and uniformity in judicial decisions. To this end, the general objective was to analyze how sentencing is approached in Brazilian legislation and judicial practice, in addition to discussing the problem of legal uncertainty that results from it. This article is characterized as a qualitative research, employing the hypothetical-deductive method, in addition to having a bibliographical approach and documentary research. This structure aims to verify the problem situation, thus allowing the identification of patterns in judicial decisions and contributing to the debate about the need for greater harmonization in the application of penalties. This study analyzed objections to already consolidated understandings that are incompatible with the legal system, highlighting the need to modulate binding decisions and apply techniques to overcome them. Therefore, in order to establish truly fair and effective rules regarding the application of penalties, it is essential to assess whether the discretion attributed to judges does not end up hiding legislative gaps that have been attempted but not filled by case law. To this end, it is essential that there be a continuous and productive dialogue between scholars, judges and legislators, as well as with society, promoting mutual understanding of the difficulties and needs involved.