A aplicação do procedimento disciplinar, após o cometimento de falta disciplinar, versus o princípio da presunção de inocência na execução penal

Abstract

In 1984 comes the Law of Criminal Execution, and soon in its art. 1º it sets its basic objective, which is the execution of the condemnatory criminal sentence and the social reintegration. Thus, the implementation of said law is supported by its own principles and other subsidiary principles. Thus this monograph seeks to analyze from a concrete case the effective application of the Law of Penal Execution and specific constitutional principles. It is a work done through the qualitative and deductive method, just as studies and research were done through other laws, codes, precedents, jurisprudence and doctrines. To start the study more consistently on the subject it was necessary to make a historical survey, emergence and concept of the Law of Penal Execution in the Brazilian legal system, and later a highlight to the principles that surround the daily criminal execution. Within the criminal execution was made the highlight of the figure of the inmate, its emergence from the crime and its various concepts, also the division of the penalties, their species, the regimes of compliance, the various ways to progress and regress regime, and the punishments arising from the commission of disciplinary offenses. Finally, the primordial analysis of the concrete case against the principle of presumption of innocence after the commission of a disciplinary offense, and the flaws in the criminal execution, as well as some questions about the constitutionality or even the unconstitutionality of the punishments applied when analyzed through reading what brings other devices than the LEP, among them the Federal Constitution.