MAXIMINO, G. R.; http://lattes.cnpq.br/1208860999668356; MAXIMINO, Geffeson dos Ramos.
Resumo:
The reality of the Brazilian prison system has been moving in step with providing
pertinent to the case, namely the Criminal Sentencing Act legislation, once for the
state to achieve excellence in this kind of service, necessary to make the activity
together the three branches of government. Get away from this kind of cooperation,
for obscure reasons of public administration itself, the judiciary sees the obligation to
adopt measures that are able to at least soften the prison chaos, such as the
granting of a virtual pen progression the temporary prisoners when the prison
situation of this class of inmates exceeds the barrier of legality, generating an
avalanche of violations of various principles of constitutional order. This benefit
caused some nuisance in the legal framework, with many comments - often
incoherently and foundation - some in agreement, others criticizing its
implementation. This scientific work through hypothetical-deductive method, analyzes
the national legal system in order to verify the grounds for granting the benefit
mentioned, discussing about their legal and social effects, rather than the prevalence
of fundamental rights and guarantees enshrined the Federal Constitution, to then say
that the virtual pen progression represents a major breakthrough for the Brazilian
Criminal Procedure, boosting judicial activity to constitutional compliance, breaking
with old paradigms and establishing a new order of legality, equality and protection of
fundamental rights.