Diagnóstico e proposta de unificação ao regime semiaberto na terceira entrância do estado do Tocantins

Abstract

The dissertation sought to obtain data on the fulfillment of criminal penalties in the semi-open conditions in the third judicial districts of the State of Tocantins, in particular, in the absence of adequate correctional institution, which means, agricultural or industrial colony. At the outset, it was sought to find the basis for the adoption of this regime in Brazil, in the way that the National Prison Law - Law n. 7,209/84 - disciplined it, having resorted to theoretical support to the areas of psychology, sociology and legal philosophy. In addition, it investigated the reality in the state of Tocantins. In order to obtain reliable data, criminal proceedings were analyzed in the fourteen third judicial judicial district of Tocantins, with the exception of the Gurupi, which has an agricultural colony. The total number of processes analyzed was 2,765. After sorting and separating those cases in which the condemned person was subject to the rules of the semi-open conditions, totaling 372, all the decisions that determined the rules of compliance, or of regime progression, were analyzed, sometimes contained in admonitory hearings from the analysis of content method by Bardin. The practices chosen by the judges were extracted as alternatives to the lack of vacancies in agricultural colonies, in number of 30, each of them having become an initial category. Then the initial 30 categories were regrouped by affinity or purpose into final categories, reaching the number of six. These were submitted to a qualitative analysis, beaconed by the Brazil´s National Prison Law, the Federal Constitution, the theoretical and inter-disciplinary framework, including the ideas of Biopolitics and Biopower and the Operational Conditioning Theory, as well as the ideals of Human Rights. The dissertation also used official prison inspection reports, as well as specific statistical maps produced by the Ministry of Justice. In the conclusion, a semi-open conditions regime of downgrading incarceration, three-phase or biphasic, was presented, depending on whether it is a direct result of condemnation or obtained after progression of regimens. The work also culminated in the choice of complementary practices extracted from the theoretical reference, which aim at a call to the moral commitment of the condemned and to eradicate the criminal career.