Análise do déficit de vagas no Sistema Prisional Brasileiro e a Súmula Vinculante nº 56

Abstract

The Penal Execution Law, created in 1984, has emerged as a criminal policy, which, in addition to establishing criterions for execution of the punishment as a whole, seeks to promote the humanization and the resocialization of prisoners to be reinsert into society. However, the model of incarceration of Brazil, over the years, have caused an increase of individuals deprived of liberty, generating a collapse in the Brazilian Prison System does not have space available to receive so many people. In addition, the absence of public policies directed at prison units of Brazil to improve the structural and functional conditions, mainly so that all individuals fulfill their punishments respecting the principles of legality, equality, proportionality and humanity. Among the most obvious problems in the Brazilian Prison System, caused by the deficit of space available, punishment enforcement appears of time in more burdensome regime than that determined in the sentence and that the person has the right, since it meets the requirements objective and subjective in the Penal Execution Law. With the aim of escaping this kind of affront to constitutional requirements that protect prisoners, the decisions of the judicial power have been in the sense of to authorize the execution of sentence in less oppressive regime when proven the lack space appropriate. The height of this action is the approval of Súmula Vinculante nº 56, which provides that the lack of adequate penal establishment does not authorize the maintenance of the condemned in regime more oppressive, as the RE 641.320/RS. So, peaceful the jurisprudential understanding about the theme and making an appeal to the legislator in the creation of norms of criminal execution that are adapted to the reality of the country.