A política nacional do trabalho no âmbito do sistema prisional: a efetivação do trabalho do preso enquanto função ressocializadora da pena

Abstract

The purpose of this article is to analyze the effectiveness of penitentiary work as a resocializer function of the sentence, as established in the Política Nacional de Trabalho no Âmbito do Sistema Prisional (Decreto nº 9.450/2018). For this, the theoretical framework of Claus Roxin's Dialectical Unification Theory is defined, which defends the exclusively preventive function of the sentence, by which a broad resocialization of the prisoner would be achieved, in parallel with the provisions and objectives of the aforementioned National Policy. In this sense, we initially make brief comments about the Theories on the functions of the pen, in order to understand the Unification Theory adopted by the Brazilian legal-penal system, and especially the theory defended by Roxin. Then, in order to be able to envisage penitentiary work as a resocializer in the current criminal scene, considerations are made on the evolution of this work, in order to analyze, through an interpretative and qualitative methodology, the issues, contexts and objectives that involve the theme, presenting a critical perspective about the studied object. As a result, it is intended to conclude by understanding the prisoner's work as a function expressly resocializer of the sentence, provided that the provisions of the aforementioned Política Nacional de Trabalho effectively executed, in a communion of efforts between the State, prisoners and society.