Direito Administrativo Sancionador no regime disciplinar dos presos em estabelecimentos penitenciários
This dissertation addresses the application of Administrative Sanctioning Law (ASL) in the Brazilian penitentiary system, focusing on the critical analysis of the processes for investigating disciplinary offenses and the implementation of consensual mechanisms. The main objective is to investigate t...
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| Tipo de recurso: | tesis de maestría |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica de São Paulo (PUC-SP) |
| Repositorio: | Repositório Institucional da PUC_SP |
| Idioma: | portugués |
| OAI Identifier: | oai:repositorio.pucsp.br:handle/44354 |
| Acceso en línea: | https://repositorio.pucsp.br/jspui/handle/handle/44354 |
| Access Level: | acceso abierto |
| Palabra clave: | CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO Direito administrativo sancionador Sistema penitenciário Faltas disciplinares Relações especiais de sujeição Regime disciplinar diferenciado Consensualidade Administrative sanctioning law Penitentiary system Disciplinary offences Special relations of subjection; Differentiated disciplinary regime; Consensuality |
| Sumario: | This dissertation addresses the application of Administrative Sanctioning Law (ASL) in the Brazilian penitentiary system, focusing on the critical analysis of the processes for investigating disciplinary offenses and the implementation of consensual mechanisms. The main objective is to investigate the discrepancies between the normative and factual reality of the prison system, as well as to propose alternatives for a fairer and more effective disciplinary regime. The methodology employed includes a literature review, analysis of statistical data and case studies. The results indicate a profound disparity between constitutional guarantees and the practice in prisons, characterizing what the Supreme Federal Court called an “unconstitutional state of affairs”. It is observed that the process for investigating disciplinary offenses is often deficient and unfair, with punishment often preceding the investigation. The research examines the concept of special subjection relations (SSR) in the penitentiary context, highlighting its relevance to understanding the sanctioning power of the public administration in environments of intensified control. The debate on the flexibilization of the principle of legality in SSR was analyzed, positioning itself against this flexibilization. The study also addressed the differentiated disciplinary regime (DDR) and the Federal Penitentiary System (FPS), highlighting their characteristics, effectiveness and questions regarding their constitutionality. It is concluded that the adoption of ASL principles, such as legality and proportionality, can contribute to a more equitable disciplinary system. In addition, the implementation of consensual mechanisms, such as the Conduct Adjustment Term (CAT), presents itself as a promising alternative, although it has its challenges, to humanize the treatment of disciplinary infractions. A careful review of the DDR parameters, more robust regulation of the CAT and the adoption of specific safeguards in the implementation of consensual practices in the prison environment are recommended, always considering the particularities of SSR in the penitentiary context |
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