MACHADO, E. K. M.; http://lattes.cnpq.br/3986659559990113; MACHADO, Elaine Kelly de Medeiros.
Résumé:
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.