A (im) possibilidade de cumprimento da pena privativa de liberdade em estabelecimento prisional diverso do previsto na legislação

• Autor(a) principal: Goulart, Vanessa Borges
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6230
• topic: Execução penal; Crise penitenciária; Individualização da pena

This monograph aims to look into the possibility, in legal terms, of the condemned fulfill your custodial penalties in prison other than originally designated. About the methodological design have been use, to the level of depth, exploratory research, while data collection occurred through the bibliographic and documentary methods. Summarizing the content obtained through the theoretical study about custodial sentence and penal execution, extracts that the Federal Constitution and the relevant laws to establish the individualization of penalty as the main tool to be used for the return of the condemned to social life, and, consequently, the resocialization finality of penalty. Therefore, in concerns to the implementation of the penalty, it is essential to the efficiency of the institute of progression of prison regime, and the fulfilment of the reprimand occurs in prison establishment corresponding to the regime. However, it appears that the practical reality of execution of penalties involving privation of liberty in our country nothing fits in with what systematizes the legal, since are evident the structural deficiencies of the penitentiary system resulting from the non-compliance, by the State, of obligations imposed upon it by the Federal Constitution and by the Law of Penal Execution. Search among the solutions indicated by the jurisprudence to solve the problem of the deficit of vacancies to the prison population, it was concluded by the possibility of determining the fulfillment of custodial sentence in a prison other than originally designated in the legislation, since the Supreme Federal Court, recently, through the parameters established on the publication of the Binding Summary n. 56, has explicitly permitted that judges of criminal prosecution evaluate the places of custody and judge them appropriate to the fulfilment of the reprimand.