O INSTITUTO DA REINCIDÊNCIA COMO VIOLAÇÃO AO PRINCÍPIO DO NE BIS IN IDEM.

This work aims initially to conceptualize the principle of ne bis in idem (which is the prohibition of the processing, judgment and condemnation of a person two or more times for the same fact) and to demonstrate its applicability in the Brazilian legal system, even if it is not expressly provided for by law, since implementation is implicitly envisaged. In addition, it seeks to dispose of the wide application of the institute of recidivism, as an aggravating legal circumstance, in order to harm the defendant. Lastly, the aggravating party points out that it violates the principle of ne bis in idem, since the previous offense, which has already had a final and conclusive conviction, is again penalized for a second offense, since the aggravating circumstance implies an increase in sentence. It should be noted that the matter was analyzed and judged by the Supreme Court of Justice, in Extraordinary Appeal 453,000, in which the application of recidivism was considered constitutional. In this way, it also aims to present criticisms of this decision. [ABSTRACT FROM AUTHOR]