PIRES SEGUNDO, R. S.; PIRES SEGUNDO, Robson Santana.
Résumé:
The fixation of the feather in concrete should follow certain application parameters, in
order to propitiate the convict the exercise of his/her subjective right of knowing the
reason of it being him/her imposed certain feather. To the judge the free will is not
given of applying the feather without he/she needs to link parameter some, suddenly
that absolute judging subjectivity could generate injustices. If for the convict the
detailed fundament of the feather is fundamental warranty, for the judge the pointed
criteria in the Penal Law are also of great relevance, allowing an appropriate and
safe dosimeter, in spite of the ideological profile married by the magistrate. In that
sense,' to analyze the effectiveness of the mechanism of individualization of the
feather is the general objective of this work. For his/her shift, they are objective
specific: To know the historical aspects of the prison feather and the form as if it
applied the reprimand along the times; to detach the importance of the beginnings
related with the fixation of the feather; to identify the applied judicial circumstances in
the individualization of the feather. For so much, the exegetic-juridical methods were
used, through fitments developing the bibliographical research. As auxiliary methods
are pointed the report and the systematic. Due to the attainment of the presented
objectives, it is arrived to the answer given to the following problem: Does the
employed mechanism in the fixation of the feather get to individualize the feather with
the efficiency longed for in a State Social Democrat of Right? The positive hypothesis
is demonstrated confirmed, since it gets the judge to assist to the dictates of an
impartial sentence, free from personal convictions, mainly when of the analysis of the
judicial circumstances. In conclusion, the present work identifies the urgent need that
the judge, when applying the feather, demonstrate besides technique-juridical
capacity, the whole necessary ethics to judge with justice, granting to the convict the
compeered right as appropriate and enough the reprimand that was imposed
him/her.