Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentences
This paper aims to explain what disciplinary action in the Brazilian prison system is, as well as what violations of rules and infractions are in terms of the Law of Penal Actions, how they are classified and their consequences during the execution of the conviction decisions. Furthermore, this pape...
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| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2021-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/361 |
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| author | Bruno Barros Mendes |
| author_facet | Bruno Barros Mendes |
| author_sort | Bruno Barros Mendes |
| collection | DOAJ |
| description | This paper aims to explain what disciplinary action in the Brazilian prison system is, as well as what violations of rules and infractions are in terms of the Law of Penal Actions, how they are classified and their consequences during the execution of the conviction decisions. Furthermore, this paper presents a consistent empirical research in the analysis of proceedings judged by the State Criminal Division of the 2nd Circuit Court (DEECRIM-2aRAJ), referred to the Court of Justice of the State of São Paulo, aiming to denote that the disciplinary actions (in administrative and judicial proceedings) violate prisoners human rights and fundamental guarantees. Through access to the Court of Justice of the State of São Paulo electronic portal, it was possible to select the analyzed proceedings here presented and demonstrate the mismatch between the procedures provided in law and the applied practice in the prisons. In conclusion, comparing the results obtained in the research with the official reports issued by the National Prison Department, the outcome is that, this critical distance between the force and the effectiveness of the human rights and fundamental guarantees, characterized by the Judicial Power aloofness concerning the prison population, interferes with the local prisons turnovers. |
| format | Article |
| id | doaj-art-73e09447d2f14d5591c38e84ea8a4f3c |
| institution | Matheson Library |
| issn | 2525-510X |
| language | English |
| publishDate | 2021-10-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-73e09447d2f14d5591c38e84ea8a4f3c2025-08-02T11:06:45ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2021-10-017310.22197/rbdpp.v7i3.361242Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentencesBruno Barros Mendes0Pontifícia Universidade Católica de Minas Gerais, Belo Horizonte, MG, BrasilThis paper aims to explain what disciplinary action in the Brazilian prison system is, as well as what violations of rules and infractions are in terms of the Law of Penal Actions, how they are classified and their consequences during the execution of the conviction decisions. Furthermore, this paper presents a consistent empirical research in the analysis of proceedings judged by the State Criminal Division of the 2nd Circuit Court (DEECRIM-2aRAJ), referred to the Court of Justice of the State of São Paulo, aiming to denote that the disciplinary actions (in administrative and judicial proceedings) violate prisoners human rights and fundamental guarantees. Through access to the Court of Justice of the State of São Paulo electronic portal, it was possible to select the analyzed proceedings here presented and demonstrate the mismatch between the procedures provided in law and the applied practice in the prisons. In conclusion, comparing the results obtained in the research with the official reports issued by the National Prison Department, the outcome is that, this critical distance between the force and the effectiveness of the human rights and fundamental guarantees, characterized by the Judicial Power aloofness concerning the prison population, interferes with the local prisons turnovers.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/361falta graveexecução penalrotatividadegarantiaspesquisa empíricaaraçatuba. |
| spellingShingle | Bruno Barros Mendes Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentences Revista Brasileira de Direito Processual Penal falta grave execução penal rotatividade garantias pesquisa empírica araçatuba. |
| title | Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentences |
| title_full | Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentences |
| title_fullStr | Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentences |
| title_full_unstemmed | Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentences |
| title_short | Gross negligence and its interference with the state of São Paulo prisons turnovers: an analysis stemmed from DEECRIM – 2aRAJ sentences |
| title_sort | gross negligence and its interference with the state of sao paulo prisons turnovers an analysis stemmed from deecrim 2araj sentences |
| topic | falta grave execução penal rotatividade garantias pesquisa empírica araçatuba. |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/361 |
| work_keys_str_mv | AT brunobarrosmendes grossnegligenceanditsinterferencewiththestateofsaopauloprisonsturnoversananalysisstemmedfromdeecrim2arajsentences |