Banca de QUALIFICAÇÃO: POLLYANNA MARIA DE OLIVEIRA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : POLLYANNA MARIA DE OLIVEIRA
DATE: 04/08/2023
TIME: 15:00
LOCAL: Atividade Remota
TITLE:

PRISON SUBSTITUTES: A study on penal execution in the Court de Execution of Sentences and Alternative Measures Vepema of Porto Velho - RO, from the perspective of the guarantee of rights.

KEY WORDS:

Alternative Punishment, Resocialization, Human Rights.

PAGES: 95
BIG AREA: Ciências Sociais e Aplicadas
AREA: Direito
SUMMARY:

The purpose of this work is to identify the factors that may cause negative results in alternative sentences. The problem is: do alternative sentences to prison achieve their objective, or are they also violators of rights? It is assumed that alternative sentences to prison violate rights, because it removes the person serving the sentence from their right to individuality and resocialization. But for the argument of this assumption it is necessary to invest in studies on access to justice, guarantee and the realization of human rights in this criminal modality. Among the studies surveyed, it can be seen that the exclusion of prisoners from their rights has been on the list of concerns of the United Nations (UN) since 1955, when the adoption of non-restrictive sentences was recommended. The overcrowding of the prison system and the barbarism that occurred in prisons justifies the intervention of human rights defense organizations in proposing adaptation measures. From international requirements, such as the Tokyo Rules, imposed for the expansion and installation of institutes of penal alternatives, and measures of non-incarceration. Even in the face of frequent legislative changes that updated the Brazilian criminal procedure and allowed the insertion of alternative measures such as pecuniary, electronic monitoring, provision of services to the community, suspension of processes, and more recently restorative justice procedures, we do not have seen a significant reach in the rate of reduction of incarceration and recidivism rates In the criminal law, we see that this legislative movement has not changed the numbers of releases, a fact not unlike the locus of studies of this research, that is, in the spatial delimitation the analysis of the problem requires special attention to the alternative penalties applied in the prison system of the state of Rondônia . For this reason, even in the face of all the demands from defense organizations, and the existence of various alternatives for penalties and restriction of rights, sentencing for the closed regime is still widely used in this State. About the research methodology, the approach is qualitative, with content analysis (Bardin), with bibliographical and document reference, application of interviews with the executioners, judges of the execution rods civil society agents responsible for monitoring the sentence. The research is in the development phase, however, it is expected as a result to identify whether alternative penalties can effectively handle the tripod that constitutes the fundamental right of serving the sentence: resocialization, non-recurrence and guarantee of rights.

COMMITTEE MEMBERS:
Presidente - 1734261 - FERNANDO DANNER
Interno - 1627821 - ESTEVAO RAFAEL FERNANDES
Interno - 1478202 - MARCIO SECCO
Externo ao Programa - 1713586 - LENO FRANCISCO DANNER - UNIR