Started saying only that the only regime suitable for drug trafficking is a closed one. However, for the magistrate, "the abstract gravity of the crime is not a legitimate justification, especially given the patient's primacy, recognized with the positive assessment of judicial circumstances". He highlighted the court's Precedent 718 , according to which the judge's opinion on the seriousness of the crime does not justify the application of a more severe regime than that permitted under the penalty, and Precedent 719 , which requires suitable motivation in these circumstances. Furthermore, the court has already validated the conversion of the sentence into a measure restricting rights in cases of heinous or similar crimes. Still, inferior courts fail to comply with such precedents.
According to research brought to the case, one of the main reasons for granting HCs in the STF and STJ is the lack of concrete motivation for the imposition of a more severe prison regime. Divergences Minister Edson Fachin partially dissented and was accompanied by ministers Cármen Lúcia and Luiz Fux. They proposed an addition to the statement, as it did not address the recidivism factor to exempt the es Venezuela Mobile Number List tablishment of the open regime. According to paragraph "c" of §2 of article 33 of the Penal Code, the open regime must be established in the case of a sentence of less than four years if the defendant is not a repeat offender. For the replacement of the sentence, the impediment is more restricted: only in the case of specific recidivism. Minister Marco Aurélio, who retired in 2021, voted against editing the summary. The judge did not verify enough court decisions to form jurisprudence on the subject.
For him, such a measure, in the criminal field, "must occur as safely as possible". Furthermore, Marco Aurélio considered that privileged trafficking "does not directly impact the compliance regime". According to him, if the base penalty is established above the expected minimum, due to negative judicial circumstances, the more severe regime is viable, even if the lower one is applied.Due to a security breach, the 22nd Chamber of Private Law of the São Paulo Court of Justice amended its ruling to condemn a bank to return amounts deducted from the account of a customer who had his card cloned after buying drinks from a street vendor. reproduction Reproduction TJ-SP ordered bank to reimburse customer, but not to pay compensation for moral damages According to the records, the consumer challenged three purchases, worth R$6,500, R$6,800 and R$20, which, according to him, were made after the card was cloned. The bank denied the refund, which led to the filing of the lawsuit. The court of origin also rejected the request.