A necessidade da aplicabilidade do regime disciplinar diferenciado no ordenamento jurídico brasileiro.

Abstract

The feather continues being one of the most effective intrumentos in the combat to the crime rate. The growing violence that the country incute in the society the fear and terror. In order to restraint the engendramento of the great criminal factions, led by thieves of high danger, that generally execute already feather, the Regime was created to Discipline Differentiated (RDD). This work intends to analyze that measured differentiated of feather execution it is necessary, investigating and discussing its constitucionalidade. For the attainment of the proposed end the exegetico-juridical method will be used, founded in the reading of the legislation homeland and of referring works to the theme, as well as the classic methods of investigation of the juridical-scientific norm (literal, systematic, deductive). The research approached the concept, carcarteristica and function of the feather, to subsidize its function in the effective ordenamento, soon soon after making a fast analysis of the system executorio of the same ones. Penetrating in the study of RDD, its main characterses were sketched and, the abordagem doutrinaria and jurisprudencial that involves its application, besides presenting specific cases of its utlizagao, serving this analysis as basic presupposition for the arguicao of the beginnings of the individualizagao of the feather and of the proportionality, that subsidam the discussion on the constitucionalidade or not of the measure. Due to all the exposed argument it was verified that the Regime to Discipline Differentiated, in spite of the whole critic that is it done, consubstancia-if in the only measure, now foreseen, that can minimize the performance certain criminals, that same arrested, they continue to command an entire structure organized for the cometimento of crimes. The restrictive measure ends for maximizar the individualizagao of the feather exposed in the Penal Code. The idea that RDD violates basic rights of the individual apenado it doesn't prosper when it is used as approach balanciador the beginning of the proportionality, doing with that there is the prevalencia of the safety of all the collective in detriment of the an only individual's rights. In fact, the State should give full conditions so that the society had guaranteed its safety, but in the lack of effective public politics you/he/she cannot the Right to be inert, being like this, the Regime to Discipline Differentiated it should be enetendido as effective measure in the attainment of a larger end: the social peace.