ExecuÃÃo da pena e tratamento penitenciÃrio: o ideal e a realidade

AUTOR(ES)

Maria Josà Maciel Nascimento

DATA DE PUBLICAÇÃO

2002

RESUMO

This dissertation broaches the relationship between the carrying out of the sentence and the treatment received by the prisoner in the penitentiary, as a segment of the juridical order as well as its taking effect in social practice, both in general terms as well as specifically in the treatment given to those being reeducated in the prison system of the Federal District. The initial premise is a reflection on the theme from the standpoint of an interdisciplinary context, in relation to philosophical, historical, sociological and anthropological questions, subsidiary to the juridical and legal analysis. From the execution of the sentence, prisoner treatment, and social practices to the analysis expressed in dialectic relations, both in terms of the real and the ideal. For the author, there is a model in society which reflects idealism and even utopia in terms of legislation. It is not possible, in real life, to attain the high intentions idealized in legal instruments. In these terms, the limits of the conceptual mark refers to a relationship of opposition, as it were, between the execution of the sentence, the penitentiary treatment, and social practice. This does not mean a relationship of exclusion. The institutional order â the symbolic instance â and the objective condition of the individualâs life, are intrinsically connected and dialectically related. Starting with this referential, it is understood that the analysis normally made of penal execution and of penitentiary treatment is insufficient to understand the processes involved therein. The explanation results from a question not even brought up in the context of Brazil, since there are no effective public policies on the matter and furthermore, does not explain the underlying factors. Thus, the theme became the object of study of the dissertation here presented

ASSUNTO(S)

direito execuÃÃo da pena penitenciÃria idealismo e a realidade

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