Omissão da Lei de Execução Penal na concessão de remição da pena pelo trabalho no regime aberto.

Abstract

This monograph begins by addressing the historical evolution of the penalty and prison system. Next, it was sought to explore some principles applicable to criminal enforcement and, later, there was an approach from the Institute of redemption, to finally enter general object of this work, which showed the failure of Law Enforcement criminal in granting remission of sentence by working in the open regime, which is the most prominent point of this work. The Law of Criminal Enforcement, before the enactment of Law No. 12.433/2011, provided only redemption pen for work in enclosed or semi - open regime. With the new law, the LEP has passed to allow the study also were in the closed form of redemption scheme, semi - open and open . However the Penal Execution Law was silent because they do not have and do not realize about redemption seals pen for work in the open regime. Thus, it appears that the amendment of art. 126 LEP held by Law 12.433/2011, opened the possibility of remission of sentence by working in the open regime. Thus, a reformulation of the above article is necessary. In turn, specific objectives are: to understand the historical evolution of the penalty, his theories and prison systems; study the Institute of remission of sentence; analyze the omission of Law Enforcement criminal as regards the grant of remission of sentence by working in open regime. To achieve the above objectives were employed as the legal method exegetical, historical-legal, the study and analysis of laws through the literature search technique applied in legal, doctrinal and scientific texts.