A estrutura carcerária como requisito para ressocialização do apenado: uma abordagem da situação carcerária da Penitenciária Estadual do Seridó.

Abstract

The life of the man in the jail is subject that still in the current days locks up sufficiently well-taken care of and good sense, therefore says respect to the privation of the well inherent greater to the human being, which is, the freedom. Therefore, the application of the privative penalty of freedom must search, first, to return the society of that it if submits, so that males deriving of the segregation of the same ones can be brightened up in detriment of the fixture of the necessary evil that it is the penalty. The measures that have for objective to promote the to return society of the imposed a fine on one must obligatorily be adopted, for express constitutional and as the law determination, duly warned the penalties i f to become an end in same itself, what it is inadmissible in the scope of the Brazilian criminal-justice structure. It is standed out, in this standard, that the jail structure constitutes indispensable element for the to reach of this to return the society end, for making possible to imposed a fine on the maintenance of its dignity human being, not for them of the fulfillment of duties, but, over all, for respecting its more essential rights, which, never, could be affected by the conviction. It is easily verifiable that the Brazilian prison system is declining, what it excessively compromises the to return the society of the imposed a fine on one, what can be inquired by the raised index of infractions still to discipline committed for the imposed a fine on ones during the execution of the penalty. It is perceived, therefore, that the to practice of lacks to discipline consists of no return the society indication, therefore if the imposed a fine on one, still meeting under the guardianship of the State, commits infractions, certainly will not be apt to after come back to the society conviviality the fulfillment of the penalty. Such elapses, first, of the lack of adequate, desert prison structure of projects to return the society, what it must be corroborated by the it dates gotten by means of the accomplishment of the present research, which delineates the jail system of the State Prison of the Serido - Caico/RN, that is a successful experience, for shy list of to practice of lacks to discipline, which can be attributed, over all, to the effective execution of to return the society activities. Thus, it is had that the main end of this research is the to prove of the prevalence of the agreement according to which the chaotic jail structure is main the responsible one for not the achievement of the to return the society end of the privative penalty of freedom. For in such a way, the present study in three chapters was structuralized, in which i f it looked for to tell the description of the Law of Criminal Executions, being distinguished the excellent principles for the criminal execution and its nature, to understand the penalty concept, as well as its modalities, to examine the legally assured duties of the imposed a fine on ones, its constitutional laws and, as well as it disciplines in the inside of the jail; e, finally, to analyze comparatively the Brazilian penitentiary system and the reality evidenced in the scope of the penitentiary above alluded. The deductive method was used, with the accomplishment of bibliographical and empirical research, that had tried the to prove of that the jail system is estimated indispensable to the fixture of the to return the society end of the privative penalty of freedom.