O restabelecimento do exame criminológico para a progressão de regime e a restrição nas situações que autorizam a saída temporária de apenados: uma análise da lei nº 14.843/24 e dos seus impactos sociojurídicos.

Abstract

Penalties emerged with the purpose of punishing individuals who committed crimes, initially characterized by the cruelty with which they were executed, as they were inflicted directly on the offenders' bodies. Over time, they underwent an evolutionary process, observable through the prohibition of cruel sanctions against delinquents and the protection of the physical and moral integrity of inmates, as established by the prevailing legislation. Although this advancement has occurred, there is a growing socio-political adherence to penal punitivism, a phenomenon that, among its objectives, aims to toughen the penal system by defining new crimes, increasing the severity of existing penalties, and modifying penal execution benefits to reduce society's contact with incarcerated individuals. The deductive, historical, and comparative methods were used to analyze this evolution, with a particular focus on the developments in Brazil, briefly presented, and the influence of punitive ideals on the Brazilian legal system, culminating in the legislation that constitutes the central subject of this research. The enactment of recent laws, such as Laws Nº 13.964/19 and 14.843/24, demonstrates the influence of the phenomenon of penal punitivism in the punitive system, as these norms have modified various sanction-related institutions. In the case of the latter, changes were made to the benefits of regime progression, temporary release, and electronic monitoring in penal execution. This research generally aimed to analyze the socio-legal impacts of Law Nº 14.843/24, caused by the reinstatement of criminological examination for regime progression and the restriction of situations that authorize temporary release for inmates. Specifically, the study sought to outline the concept of penalties in Brazil, discuss Law Nº 7.210/84, its role, and social importance, understand criminological examination as a tool within the Brazilian penal execution system, considering its legal provisions and past modifications, and specify the circumstances under which temporary release is granted, as listed in Law Nº 7.210/84, highlighting the changes introduced by Law Nº 14.843/24 in these institutions. To achieve these objectives, the research employed exploratory and explanatory techniques to develop ideas and deepen knowledge, using the analysis of legislative content, jurisprudence, scientific articles, monographs, and legal doctrines. Finally, it was concluded that lawmakers, when modifying penal execution institutions through Law Nº 14.843/24, did not conduct a legislative impact study to foresee the potential effects—particularly economic and social—that this regulation could have in Brazil. This became evident through the discussions raised throughout the research