The dissertation sought to obtain data on the fulfillment of criminal penalties in the
semi-open conditions in the third judicial districts of the State of Tocantins, in
particular, in the absence of adequate correctional institution, which means,
agricultural or industrial colony. At the outset, it was sought to find the basis for the
adoption of this regime in Brazil, in the way that the National Prison Law - Law n.
7,209/84 - disciplined it, having resorted to theoretical support to the areas of
psychology, sociology and legal philosophy. In addition, it investigated the reality in
the state of Tocantins. In order to obtain reliable data, criminal proceedings were
analyzed in the fourteen third judicial judicial district of Tocantins, with the exception
of the Gurupi, which has an agricultural colony. The total number of processes
analyzed was 2,765. After sorting and separating those cases in which the
condemned person was subject to the rules of the semi-open conditions, totaling
372, all the decisions that determined the rules of compliance, or of regime
progression, were analyzed, sometimes contained in admonitory hearings from the
analysis of content method by Bardin. The practices chosen by the judges were
extracted as alternatives to the lack of vacancies in agricultural colonies, in number
of 30, each of them having become an initial category. Then the initial 30 categories
were regrouped by affinity or purpose into final categories, reaching the number of
six. These were submitted to a qualitative analysis, beaconed by the Brazil´s National
Prison Law, the Federal Constitution, the theoretical and inter-disciplinary framework,
including the ideas of Biopolitics and Biopower and the Operational Conditioning
Theory, as well as the ideals of Human Rights. The dissertation also used official
prison inspection reports, as well as specific statistical maps produced by the Ministry
of Justice. In the conclusion, a semi-open conditions regime of downgrading
incarceration, three-phase or biphasic, was presented, depending on whether it is a
direct result of condemnation or obtained after progression of regimens. The work
also culminated in the choice of complementary practices extracted from the
theoretical reference, which aim at a call to the moral commitment of the condemned
and to eradicate the criminal career.
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