Leitzke, Maura da SilvaPacheco, Jean Lucas2024-03-182024-03-182023https://repositorio.uricer.edu.br/handle/35974/644Since the first offense was committed, the need arose to make the criminal act carried out compatible with a reprimand that, in society's view, was consistent with such an act. It is noted that from “an eye for an eye, a tooth for a tooth”, to German legislation, there were several searches to find an appropriate and necessary punishment for the crime committed. It is observed that our current Penal Code sometimes appears to be outdated, out of step with current social reality. And, within this idea of “outdated law”, the application of the principle of proportionality arises as a way to make compatible, in the specific case, a reasonable application of the norm, analyzing the adequacy, necessity and proportionality of the norm itself. Despite proportionality being established in the principled context, there is no positive effect on this in the national legal system, especially when analyzed in the context of criminal law. It is clear and well known that in the case of criminal law, a harmful analogous application would be prohibited, and the legislator needs, as a rule, to follow legal dictates. But is there an influence of the principle of proportionality in the specific case that changes this situation? It is around this problem that the study is developed. In this context, the aim is to elucidate the application of the principle of proportionality throughout the chain that links from the creation of the norm to its application to the person convicted of violating the criminal norm. And, to achieve the proposed objective, an approach was made to the principle of proportionality and its conceptualization, characterization and primacies necessary for its achievement. Next, the legislative process is analyzed, in order to, in the end, verify whether there is an express impact of the principle of proportionality in the aforementioned and, finally, it is analyzed how there is an impact of the principle of proportionality in relation to the criminal legislator , the criminal process and, finally, its impact within the scope of Criminal Execution. Bibliographical and documentary research methods are used, inductive approaches are used, and analytical-descriptive methods are used as procedural methods.pt-BRDireitoPrincípio da proporcionalidadeProcesso legislativoExecução penalTrabalho de Conclusão de Curso