Illegalisms and the theater of discipline : the 2017’ cases of unlawful possession, use and provision of mobile phones in a prison unit in Curitiba/PR

• Autor(a) principal: Giamberardino, Andre Ribeiro
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Estudos Empíricos em Direito
• Texto Completo: https://reedrevista.org/reed/article/view/331

In 2007, the law 11.466 inserted the possession, use and provision of mobile phones, radio or similar in prison as hypothesis of serious misconduct. Today, what is seen is the absorption of the prohibition by the practices of management and construction of the internal order, taken here from the Foucaultian concept of illegalism and some hypotheses found in the sociology of prisons. The research brings an empirical sample with all the cases of serious misconduct by this reason in a prison of Curitiba in 2017, totaling 16 (sixteen), being asked the question of which would be the determining parameters for imputation of disciplinary responsibility by cellular phones seized to this or that prisoner. From the analysis of the processes and participant observation, it is evident how, in the great majority of cases, the prisoners who take responsibility for the seized items do so because they do not have family in the region, because they have a high remnant penalty or to get some form of payment, not being the real owners of the devices. The application of the disciplinary sanction, with knowledge of the falsity of the confession, indicates that the State operates as manager of illegalisms and not from the legal/illegal binomial.