OLIVEIRA, G. Q.; http://lattes.cnpq.br/1465970405529485; OLIVEIRA, Grace Queiroga de.
Résumé:
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.
