Banca de QUALIFICAÇÃO: JÉSSICA ALESSANDRA ARAÚJO FERREIRA LEÃO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JÉSSICA ALESSANDRA ARAÚJO FERREIRA LEÃO
DATE: 06/07/2021
TIME: 08:30
LOCAL: FDA - Plataforma Google Meet
TITLE:

CRIMINOLOGICAL EXAMINATIONS IN CRIMINAL EXECUTION: BETWEEN SCIENCE AND EXPERIENCE

KEY WORDS:

Criminological examination; theories of justification of the penalty; Clinical Criminology; Federal Council of Psychology; Federal Council of Social Services.  

PAGES: 88
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Penal
SUMMARY:

Since its incorporation into the Brazilian legal system, the criminological exam has been questioned by several fronts, which became even more forceful after the promulgation of the Federal Constitution in 1988. However, even in the face of the legislative amendment promoted by Law nº 10.792/2003 in the Law on Criminal Executions, which excluded the possibility of requisitioning the instrument for the purpose of regime progression, the Superior Courts have consolidated their understanding that the criminal enforcement court may request the examination in cases where it sees a need, provided that a reasoned decision. Thus, due to the settled belief in the field of Law that the technical evaluation is able to offer a prognosis of recidivism, informing the Judiciary if the individual is or is not fit to return to society, the progressivity of the sentence has been discretionally conditioned to elements that concern, above all, the personality and social conditions of the convict, in clear affront to the idea of guilt inherent to any criminal law that is intended to be Constitutional. Furthermore, in addition to the legal issue that positions the criminological exams as a practice incompatible with the rule of law, from the technical point of view its scientificity is constantly questioned by the professional categories that are responsible for its elaboration. However, for the purpose of deliberation within the Legislative and Judicial Powers, external reflections in the field of Law end up not gaining prominence, generating a narrative dispute that highlights the authoritarian character of the Punitive Power. Thus, given the progress in the processing of the Senate Bill 499/2015, which has as one of its objects the obligatory of the criminological examination for the purpose of regime progression. The present study elected the following problem: is the positivization of the criminological examination in the Brazilian legal system sufficient to justify its admissibility? In this sense, it is assumed that its permanence would be compromised by two factors: 1) the basis for its use in criminal execution reflects a conception that was not received by the Federal Constitution of 1988, namely the positive special prevention of punishment; and 2) the results from its realization are not able to guarantee to the Judiciary whether or not the convict will relapse, constituting a practice whose science is not recognized by the professional fields involved in its elaboration and requiring commitment and resources (human and material) that could be directed to the effective minimization of the de-socialization promoted by imprisonment in the individual. To this end, using qualitative research, under the deductive method, the research is constructed through the concatenation between a bibliographic bias, with use of national and foreign theoretical reference on the theories of justification of the penalty and the reflections resulting from the Clinical Criminology of critical orientation, and an empirical bias, with field observation performed from the experience of the State of Alagoas. At the end, it is concluded that the use of the criminological examination for the purposes of regime progression, in addition to being unconstitutional, is sterile, demanding commitment and resources (human and material) that could be directed towards the effective minimization of the desocialization promoted in the individual by the prison.

BANKING MEMBERS:
Presidente - 3331711 - ALBERTO JORGE CORREIA DE BARROS LIMA
Interno - 2279377 - HUGO LEONARDO RODRIGUES SANTOS
Interna - 2459827 - ELAINE CRISTINA PIMENTEL COSTA