Das Casas de Correção às PPP’s: análise crítica do instituto do trabalho no cárcere

Abstract

This paper aims to analyze the development of the prison labor institute as a fundamental element to punitive practice throughout history. Inserted in the execution of the custodial sentences in a forced and distressing way, the dynamics of transition to its position as a support axis of the resocializing end of criminal execution were interpreted in the light of the influence that social, political and economic forces exert on the determination of criminal reality of each historical moment. In this sense, the reconstruction of the penitentiary systems and their means of exploitation of the incarcerated workforce was essentially based on the Foucaultian and Rusche and Kirchheimer theories and notes, contextualized to the Brazilian reality by Melossi and Pavarini. Through a literature review that deals with the subject of the social and legal bias necessary for the institute's examination, a detailed analysis of the devices that regulate the labor practice in Brazil is carried out. That said, we realize the need to enforce the precepts and guarantees provided for in the Constitution, the relevant international standards and the Criminal Execution Law to achieve the recognition of individuals who perform prison labor as subjects of law. In this perspective, the supervision and monitoring of prison labor by the criminal enforcement agencies is imperative, as well as their joint and articulated action with the other institutions responsible for ensuring a rationally limited criminal enforcement and aimed at protecting the rights of prisoners.