A remição da pena pelo estudo: uma abordagem crítica da remição exclusivamente pelo trabalho.

Abstract

The Law of Criminal Execution adopted the activity of work as criterion of redemption of the penalty. The work exerts basic paper in the conservation of still auto-esteem of any individual, contributing, for the reduction of the deriving social tensions of the unemployment. However, in the society of the knowledge where if it lives currently, one knows that the personal and social ascension, in the great majority of the times, is only possible through the study carried through during all a life. If for imposed a fine on the work it is basic, less basic is not the education. In this direction, to analyze the education as legal criterion of redemption of the penalty is the general objective of this work. For its turn, they are objective specific: To analyze historical aspects of the punishment by confinement and the insertion of the education in the penitentiaries; to detach the importance of the education as factor of reintegration of the imposed a fine on one; to criticize the capitalist vision that the legislator adopted to grant such benefit and to establish lines of direction so that the study he is considered as motivation to redeem the penalty. For in such a way, they had been used: the interpretative-legal method, through notes to develop the bibliographical research and the empirical method through the elaboration and application of questionnaires to imposed a fine on and the educators of Agricultural the Criminal Colony of Sousa, being thus raised, the aspects that involve the educational activities of this prisional establishment. Ahead of the achievement of the presented objectives, it is arrived the given reply at the following problem: The possibility of the education as criterion of redemption of the penalty is important incentive for reintegration of the imposed a fine on one? The positive hypothesis is demonstrated confirmed, before the interest disclosed for the imposed a fine on ones analyzed in the research and the evidence of that the study activity, besides taking off them of the idleness, is demonstrated beneficial in the moral and intellectual formation of the prisoners. In conclusion, the present work identifies the urgent necessity of that the Law of Criminal Execution must recognize the right to the redemption for the study as form to promote to imposed a fine on a faster return the society, and, therefore, to propitiate a new vision of world, diminishing the deleterious and estigmatizantes effect of the jail.