O método APAC como modelo alternativo de gestão carcerária: crítica a partir de uma teoria criminológica da pena

Abstract

The theme of this dissertation is the method of prison management promoted by Associations for Protection and Assistance to Convicts (APACs) and the arguments that built the defense of the method as an alternative to the current model of public prison management. The APACs are prison institutions advised by the Brazilian Fraternity of Assistance to Convicts (FBAC) that act together with the Judiciary and the Executive in the penal execution. They are establishments governed by a specific method of prison management, created and idealized by Mário Ottoboni. Facing the crisis of the Brazilian prison system and the emergence of "alternatives" to the current prison policy, the APAC has officially become an alternative model of prison management in Brazil. In contrast to the critical criminological studies about overcoming prison logic, the APAC method reinforces neo-retributivist theories of punishment under a correctionalist model based on the discourse of resocialization. The method has been widely defended under a perception of Human Rights effectiveness in Brazil. Although, the defendants seem to disregard the relational and alternative aspect of APAC, which is "a system within another system" that, to be successful, needs the 'failure' of the common prison. These concerns guide the design of the following research problem: how does the defense of the implementation and expansion of the APAC method act as a form of rationalization and legitimization of the state's punitive power? Is the APAC method an ally to promoting and guaranteeing the Human Rights of the incarcerated? The study consists of bibliographical research of a qualitative nature, juridical-sociological aspect, and dialectic method. The study was operationalized through documental research of secondary data on criminal recidivism in APACs and Brazil. This research aims to contrast the normative-philosophical bases of justification of the method with the historical-structural reality of the Brazilian Criminal Justice System. The main goal of the dissertation is to analyze the criminological foundations of APAC and the arguments used in defense of the implementation and expansion of the Prison Management Method as an alternative to the current state model. It is necessary to attest to its false perception of efficiency regarding the resocialization of the convicted, the protection of Human Rights, and the instrumentality of this methodology to expand the punitive power.