Mathematical Modeling: A Case Study Regarding the First Phase of the Imprisonment Term Calculation in Brazil
Um Estudo de Caso Relativo à Primeira Fase do Cálculo da Pena de Reclusão no Brasil
DOI:
https://doi.org/10.5752/P.2316-9451.2024v12n1p32-51Keywords:
Mathematical modeling, Mathematical model, Criminal law, Prison sentencedosimetryAbstract
This article discusses the use of mathematical modeling in the Brazilian criminal legal system to analyze the first phase of the imprisonment term calculation. Specifically, it focuses on the imprisonment term recommendation for theft and the limit of a judge’s discretion in determining the amount of the term. Mathematical modeling is presented as a tool to support decision-making and gain a better understanding of real-life situations. The model is constructed based on relevant legal principles and used to analyze decisions related to theft. By examining the mathematical logic, the article exposes a divergence between the conclusions reached in these decisions and the underlying legal principles of the model. This raises the question of whether mathematical logic is legitimate within the domain of law.
Downloads
Downloads
Published
How to Cite
Issue
Section
License
I (we) submit the present work, an original and unpublished manuscript, from my (our) authorship, to Abakós - Magazine of Interdisciplinary Studies on Science and Informatics, and I (we) agree that the copyright related to this work will become property of PUC Minas Publisher. No partial or full reproduction is allowed, by any means (printed or electronic), dissociated from Abakós. Any reproduction requires prior written authorization granted by the Editor.
I (we) declare there is no type of interest conflict among the subject theme, author(s), organization(s), institution(s) and person(s).
I (we) recognize that Abakós is licensed under CREATIVE COMMONS:
Licença Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0).
