Terceirização do sistema penitenciário: possibilidade jurídico-constitucional de aplicação aos presídios brasileiros.

Abstract

The present work brings in your content an approach of a constitutional possibility application of an outsourcing in Brazilian jails, as a way through out of penitentiary system, as well, the minimizing the recidivism of a prisoner. Born to the State the obligation to punish in the very moment that a agent, unimputable or not turn into a delict. The research approaches the most important difficulties daily brought in the Brazilian prisons, the sub-humans conditions lived in the overloaded cells, the worst conditions of life of prisoners and primarily the State negligence in front of the chaotic inside the prisons and his incapability to administrate and control that situations. In addition, as way out to all this chaos, the possibility of a conduct to solve all disorder, as which proposed in the work, the outsourcing application of a prison system in the country. The research will explain in three chapters, where the first brings a penal law as a legal science, bringing the general theory of crime; the second approach the prison system, their principal references, and the penalties applied to agents and make a brief analysis to comparative law; the third brings the efficiency of agent resocialization, the national indexes in prisons and approach the criminal recidivism, making allusion to the possibility to apply the outsourcing prison system. It is used as procedure method, the qualitative and exploratory research, as an object, o utilizes the inductive method.