Reintegração social da pessoa presa na comarca de Miranorte: uma proposta de implementação do método Apac

Abstract

This is the research technical report linked to the research line Effectiveness of Judicial Decisions and Human Rights of the Interdisciplinary and Professional Master's Program in Human Rights and Jurisdictional Provision of the Federal University of Tocantins (UFT) and the School of Judges of Tocantins (Esmat) with the aim of analyzing if the social reintegration of prisoners in the judicial district of Miranorte is utopia or a purpose of the penalty that may be achieved through the installation of a Protection and Assistance to the Condemned Association (APAC – Associação de Proteção e Assistência ao Condenado), method created in the early 70’s and currently used in fourteen states in Brazil and even in other countries. The research was conducted from March 2015 to January 2016. The methodological approach was guided by the principles of phenomenology and the procedures of action research, characterized by continuous, systematic and empirically based exercise to improve the jurisdictional provision practice in the judicial district of Miranorte. Initially the prison situation of the judicial district was individualized, which is composed by the towns Miranorte and Barrolândia, where two jails are installed, and also the towns Dois Irmãos do Tocantins and Rio dos Bois. In sequence, twelve constituent parts of the APAC method were analyzed, describing the local situation for each one of them. Finally, the classical theories of punishment were presented and, after studying the issue taking into consideration criminology thinkers, it was concluded that the terms rehabilitation and social reintegration are not synonymous, that the social reintegration takes place despite the penalty and the prison, presupposing a dialogue between the prisoner and the free society, not being, therefore, a purpose of the punishment. From this new perspective, and before the data collected during the research, it was observed that the APAC method is aligned to the concept of social reintegration and that it can be applied in the judicial district of Miranorte as a way to reintegrate prisoners into society. However, its effective implementation requires the gathering of efforts of the public power and society and hence time so they can be executed. So that, while the necessary steps for the full implementation of the APAC method are not completed and before the clamor for immediate changes in the prison system, the adoption of a new practice was proposed, consisting in the preparation and implementation of an individualized care plan (PAI – plano de atendimento individualizado) for all condemned people. Still along the research, this practice was implemented after a meeting with the secretaries of health, education and social assistance in Miranorte and Barrolândia and subsequent signing of technical cooperation agreement among the Judiciary and the mentioned cities. At last, a suggestion of improvement was presented, consisting on creating a national social reintegration system (SINARS – sistema nacional de reintegração social), similar to what was established by Law n. 12,584/12