Microssistema de penas criminais alternativas nas comarcas de menor porte do estado do Tocantins: diagnóstico, tendências e proposições

Abstract

This research aimed to diagnose the microsystem of alternative sanctions in the smaller judicial districts of the state of Tocantins. The study focused on the organization of the service, the application and compliance of the penalties, from efficiency and efficacy parameters, in an applied nature study with a mainly quantitative approach. A desk research of criminal actions and penal executions was carried out with the processes that were downloaded between the years 2015 and 2016, as a cut-off criterion. Concurrently, systematic reviews of literature and jurisprudence were undertaken, through books, articles, dissertations and theses, in the databases of the physical library of Superior School for Magistrates in Tocantins (ESMAT), and in a virtual way in the Thesis Database of São Paulo University (USP) and Federal University of Tocantins (UFT), using the selected descriptors: alternative sanctions, restrictive penalties, management and efficiency. Research was also carried out in databases of jurisprudence of the Superior Courts and in some Courts of the States of Brazil. The contents were delimited by the Legal norm, and interdisciplinary knowledge of Administration field. Its theoretical background identifies itself to the third-generation criminological of social interrelationships regards, especially to the clinical criminology model of social inclusion. It was concluded that the Microsystem of Alternative Sanctions is in full operation and it has many conditions for improvement. There are minor inadequacies in the structure of the penalty application phase, but there is a significant lack of means in the penalty enforcement phase. The methods and the management processes proved more flawed in the stage of execution, although in both moments, time and quality problems were detected concerning the established standards, especially in a systematic Constitutional interpretation. The operation of the service can not be considered efficient, especially in the executive stage. The microsystem is also not efficacious in managerial and criminological perspectives and therefore has not been proven effective. In the normative perspective, its inefficacy is attached to some legal hypotheses. At last, the study presented the main conditions that hinder or facilitate the operation of the microsystem, as well as the propositions for its improvement.