A EFICÁCIA DO SISTEMA PROGRESSIVO DE CUMPRIMENTO DE PENA NA PERSPECTIVA DA CRIMINOLOGIA CRÍTICA: reflexões em torno dos sentenciados pela lei de drogas custodiados pela Penitenciária Desembargador Sílvio Porto (João Pessoa/PB)

Abstract

The Brazilian penitentiary system is collapsing due to the poor quality of life the prisoners face while serving their time. This situation leads to several violations of the human rights of convicted offenders. The present study analyzes from the perspective of critical criminology whether the progressive system of serving sentences is being effective in the state of Paraíba - Brazil. In addition, a study was conducted on the conditions of custodial sentences of prisoners convicted for drug dealing. Those can be found in closed regimen, in custody on the biggest penintentiary by population standarts; Penintenciária Desembargador Sílvio Porto, in João Pessoa, PB. Through dialectic materialistic research, we dealt with the aspects of the history of custodial sentences in the world since its beginnings - to understand the changes in punitive law better. In addition, we engaged in a theoretical review of the purposes of sentences and the different penal systems. As well as documental research exploring the reports created after inspection visits done by the National Justice Council and the National Criminal and Penitentiary Policies Council. To provide basis to the discussion, we conducted a study through renouned authors, as well as other academic articles. Highlighting the amount of great academic studies that can be found in the following databases: Scientific Electronic Library Online (SciELO), Biblioteca Digital Brasileira de Teses and Dissertações (BDTD), Portal de Periódicos da CAPES (Coordenação de Aperfeiçoamento de Pessoal de Nível Superior) It is clear that there were breakthroughs in the conditions prisoners serve their time and the treatment of the convicted, but there is still an abyss between the legislation and what is applied. As a result, it was possible to deduct that the application of the sentences in Brazil is made through a highly punitive scope and separate from the social reality. Thus, having significant consequences on the poor, black and peripherical population; who don’t get all of the protections specified in our national constitution, penitentiary execution law and other normative texts that should protect any citizens, regardless of their color/race/social condition. From the perspective of critical criminology, it was verified that the abyss is motivated by the antagonistic social classes since society keeps a target on certain minorities, tagged as outsiders. Grating, thus, inequalities between classes and securing the power of higher branches of society. The state must distinguish between what could be protected in penal law and what it can’t. It was identified in the present study that the discussion around punitive sentences is actually regarding a failing sentence. Since it could never serve the purposes it was meant to achieve - it could never aid the reintegration of convicts into society. The social protection motive is the only basis of a drug war that takes so many black bodies to prison. Having drug dealing as a heinous crime only belates the progression of the regimen, mixing non-violent prisoners with cruel criminals.