A remição como forma de instrumentalizar a efetividade dos direitos e garantias fundamentais aos reeducandos

Abstract

The society went through several revolutions , wars, killings and other atrocities order to reach a more humane thought, with the creation of specific laws that protect the dignity of the human person , the Declarations of the rights of men , international human rights treaties , conventions, covenants ,etc.The social conflicts have always existed and the right search pacify life in society normalizing conducts and penalizing those that confront most important legal assets . Based on the theoretical assumption of the application and effectiveness of rights , understanding that every human being should be considered as a subject of rights as established by the Federal Constitution of 1988 , it is observed that the traditional legal conceptions of the penalty and its application are being rethought and updated according to the needs of each society . The Criminal and Criminal Procedural Law should be applied to light of the Magna Carta , respecting and guaranteeing basic rights. The Penal Execution Law establishes the procedures and benefits realized at the time of the sentence , analyzing the objective and subjective criteria of the condemned. One of the benefits to be studied is the redemption , in other words the reduction of the sentence by the completion of work and study as the relevant legal provisions . The penalty has various purposes such as prevention, retribution and particularly the rehabilitation of the condemned or admitted , that aims to provide socioeducational measures to enable every prisoner to be reinserted in decent society. The specific objectives has been to observe the classic dimensions recognized by doctrine and courts on the redemption of the study and at work, and public policy for its effectiveness , showing new alternatives to ensure the rights of citizens.