Execução penal dialógica: um caminho para a efetiva reinserção social do apenado

Abstract

This study aims to investigate the reasons why the legal tradition would have kept the sentenced person on the sidelines of the deliberations aimed at giving effectiveness to the social reintegration, particularly in the State of Tocantins, from the institutional position of the Judge as agent capable of anchoring expectations in safeguarding the human rights of the convicted. In this explanatory effort, we examine the historical justifications for the purpose assigned to the pen, declining research findings. The sentence is analyzed in view of the instrumental perspective contemplated in the tradition, which is condemned as the work object rather than a communicative perspective that would lead to the recognition of their driving subject. In this context, the paper addresses the gains for the prison system from switching the instrumental approach to the problem of the possibility of implementation of the dialogue. The prison system in the state of Tocantins imaged in its physical basis and human resources.