Sistema prisional e rebeliões: entre a teoria e a prática da lei de execução penal (São Paulo, 1988-2006)

• Autor(a) principal: Santos, Wesley Martins
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/12856
• topic: Sistema carcerário; Indivíduos sob custódia do Estado; Violência institucional; Rebeliões; Prison system; Individuals in state custody; Institutional violence; Rebellions; CNPQ::CIENCIAS HUMANAS::HISTORIA

This research aimed to examine the prison system and rebellions of the State of São Paulo (1988-2006), in the light of Penal Execution Law (LEP) and its regulations, to identify how these are put into practice. This comparison identifies state practice with respect to its purposes in relation to persons who are in custody in the prison system. This composes sets of increasingly larger units, with buildings constructed as increasingly sophisticated patterns, governed by rules of conduct, whose standards are considered the most modern, controlled by contingents of police that come broadening, with ongoing training in safety techniques whose logical understanding of this universe that resembles war situations This system keeps under control a very diverse population, in every way, particularly as to their classification before the codes, civil and criminal. Within its high walls, state agents assigned to both, control a huge number of people (who arrives in the analyzed period exceed 500 000) that, in practice, have lost any right to citizenship and live in utter human degradation, which is additional to their statutory penalty. The inclusion of such individuals in this system, many of them without formal trial, is the loss of any rights, including those linked to human dignity. Reduced to levels inconceivable inhumanities in a system that says modern and governed by laws considered advanced as to the purpose of reintegration of such individuals in society, such people lose any references sociability of the world outside those walls. As is human nature, these conditions administer new rules of sociability, born under the sign of the utmost violence to each other and governed by the darkest senses of the human being. Emerge under the aegis of the law of survival in situations limits of inhumanity which leads them to form flocks in territorial dispute, which tend to recognize as leaders who proves stronger, more ruthless, relentless and radical towards enemies. State action in this universe is the antagonist of the resulting law indicates that such a system cannot meet the objectives established by the penal codes, and moreover, is one of the factors that increases the violence existing in society. For the development of this research, several sources such as newspaper reports, interviews with former prisoners, official data from state agencies and laws governing the system during the period in question were used. These data were analyzed in light of the literature that has discussed this issue and with the help of authors who found theoretical teachings connected to this reality