A insuficiência do número de colônias penais para o devido cumprimento do regime semiaberto: um estudo sob à óptica da lei 7.210/84 e o cenário pós ADPF 347.

Abstract

The theme of this study revolves around the Criminal Execution Law and its importance in regulating the rights and duties of inmates, defining the modalities of sentences and promoting the social reintegration of convicts. The Criminal Execution Law plays a crucial role in the search for a fair execution of sentences, in accordance with human rights principles and in the prevention of criminal recidivism. In this context, the Claim of Non-Compliance with Fundamental Precepts (ADPF) 347 emerges as an instrument to correct the gaps in the Brazilian prison system. To conduct this research, prison system analysis tools were used, taking into account the historical evolution of laws and changes resulting from ADPF 347. The research was based on deductive and systemic methods, using indirect bibliographic and documentary sources. The most important results identified in the study revealed that the Brazilian prison system faces significant challenges, mainly with regard to the disparity between the number of Penal Colonies and the number of inmates in the semi-open regime. ADPF 347 brought improvements, but still not enough to correct all the system's flaws. It is concluded that the semi-open regime is not adequately enforced due to the lack of penal colonies, resulting in consequences that do not comply with the Penal Execution Law. Therefore, the construction of new establishments and the implementation of self-sustainability policies are essential measures for implementing legal precepts and promoting the effective reintegration of convicts into society, contributing to the reduction of criminal recidivism.