dc.description.abstract | This thesis argues that penitentiary policies, aimed at working in prison, based on the
theoretical narrative of retributive justice, are insufficient in face of the demands of
the social (re)integration of inmates. However, restorative justice is consistent with
the social pretensions of guaranteeing fundamental rights, protection of the person
and commitment to the solidification of citizenship, arguing that the formulation of
reintegrative policies is founded on the observation of conceptual elements in the
recent literature about the theme. That is proven, in view of the survey carried out, in
documentary form, in the prisons of the 27 Brazilian states. Confronted with the
model adopted in the Chapecó Prison Complex (CPC), in the State of Santa
Catarina, it shows the possibility of (re)integration supported by the argument of the
autonomy of the social actors involved in the process. Evidence, identified, even if
incipient, emerged in the Santa Catarina prison system in 1940, by State Law N.
3,308 (SANTA CATARINA, 1963), which became part of the Brazilian Penal Code,
but which was only legitimated in the Penal Execution Law – LEP (BRASIL, 1984) –,
if concretized in the Federal Constitution of 1988 (BRASIL, 1988). In this sense, the
thesis argues that (re)integration through work is carried out based on shared
actions, autonomy in management and commitment to human rights, articulated with
other criminal alternatives that promote extrication. The bibliography is based on
considerations from the classics of literature represented by Michel Foucault (2014).
In Brazil, Sergio Adorno (1991), as well as Bitencourt (2007), brought to the heart of
the discussion polemics around the concept of resocialization. Thus, we present that
the purpose attributed to the modern prison is based on the concept of criminal
execution provided for in the LEP. Although the literature reveals the existence of
controversies around the subject of resocialization. | en |