Sentencing in Aggravated Robbery: Critiques and Possible Interpretations of Precedent No. 443 of the STJ

Abstract

Precedent No. 443 of the Superior Court of Justice (STJ) was established to resolve controversies regarding the enhancement of penalties in aggravated robbery (Article 157, §2 of the Brazilian Penal Code), particularly in cases involving more than one sentencing enhancement factor; the precedent expressly provides that any increase in the third phase of sentencing requires specific reasoning and that the mere indication of the number of aggravating factors is insufficient to justify an enhanced sentence; in this context, the present article aims to critically examine Precedent No. 443/STJ and to explore the circumstances under which it is possible to increase the sentence for aggravated robbery beyond the minimum threshold of one-third without violating the parameters established by the precedent.