The article examines the general structure of the regime provided for in art. 449 of the Criminal Code, incorporated by Law N° 20.931 of 2016, and based on existing legal doctrine and trends, analyzes some of the main problems that have arisen both at a conceptual level and in its practical application, namely, its validity with respect to the special forms of appearance of crimes against property that are formally attached to such a regime, the operating budgets that a jurisprudential line assigns to its 2nd rule and, consequently, to the effects of aggravating circumstances of generic and specific recidivism, and submits for review the convergence of its 1st and 2nd rules with each other and with respect to other factors of individualization of the penalty that may arise.