O medo das saídas temporárias: uma análise crítica ao direito da saída temporária da pessoa encarcerada na realidade punitivista do sistema penal brasileiro

Abstract

The project ahead analyzes the Brazilian criminal execution with a focus on temporary leave, a right of the arrested person provided by the Law of Criminal Enforcement. The objective is to investigate how the institute, which aims to maintain the harmony of the prisoner with the progression of the regime and the fulfillment of the execution, in a more humane way, has been threatened legislatively, as by the recent Law 14,843, of April 11, 2024, which restricted temporary leaves. The research addresses the normative provisions of temporary leaves before and after the restriction, demonstrating the requirements of concession and revocation that confer it as a right. An analysis of the penitentiary data revealed that the rates of non-returns during temporary leaves are minimal, denying media and political discourses that this right contributes to escaping prison and an increase in urban violence. The project uses a quantitative and qualitative approach to identify how these discourses are contrary to statistical data which promotes the approval of laws, discussing the social construction of criminalization by the creation of the stigma conceptualized by Erving Goffman who, promoting fear, validates punitivism through the emergency voice of "punitive populism" and fixes norms with the tool of legislative symbolism, maintaining the political power of dominant groups. It is concluded that temporary leaves are fundamental for the accountability of the prisoner during the progression of the regime and an important assistance for the humanization of the custodial sentence, highlighting the need for a critical and informed discussion on the subject in the socio-political context.