Regime disciplinar diferenciado e a ressocialização do preso

Abstract

The present work deals with the differentiated disciplinary regime that became national with the enactment of Law No. 10,792 / 2003, putting an end to criticisms about the implementation of this regime by means of administrative resolution. This paper aims to analyze the dichotomy between the need for a differentiated disciplinary regime and the prisoner's resocialization. The work is relevant since it is closely linked to the dignity of the prisoner's human person. Therefore, it is necessary to analyze the concept and origin of the differentiated disciplinary regime in Brazil, it describes a possibility of applying the differentiated disciplinary regime; analysis of penitentiary systems, debater and enemy penal theory with a differentiated disciplinary regime; discuss the principles of the humanity of penalties, human dignity and the individualization of the penalty and analyze a re-socialization of the penalty. It is then carried out a basic basic research, objective - descriptive and exploratory, under the hypothetical-deductive method, and will be carried out with bibliographic procedures. Therefore, it appears that the approach was to collect information from different sources to create conceptual support about the differentiated disciplinary regime and its application hypotheses. Furthermore, the penitentiary system is in crisis to reach a resocializing policy; In this way, the study allows for a reflection regarding the application of penalties without concern for the fact that led to the commission of the crime, in this sense, leaving only the intention to modify the prisoner's thinking so that he will no longer commit crimes within the perspective of a resocializing policy.