A aplicação da saída temporária no regime semiaberto

Abstract

ABSTRACT The application of temporary release in the semi-open regime constitutes one of the most relevant instruments of Brazilian penal execution, as it seeks to balance the punitive function of the sentence with its resocializing purpose, allowing the inmate gradual contact with the social and family environment under legally established conditions. In practice, this benefit reveals tensions between legal norms and their implementation, especially in light of varying interpretative criteria, the actions of the Judiciary, and social expectations related to public safety and criminal justice. Temporary release, while presenting itself as a mechanism to encourage discipline and social reintegration, also raises debates about its effectiveness and the impacts of its granting or restriction on the inmate's trajectory and on society's confidence in the penal system. The objective of this study is to analyze how temporary release has been applied to inmates in the semi-open regime, seeking to understand its criteria, limits, and impacts. The methodology adopted is based on a literature review focused on penal legislation, legal doctrine, and academic production relevant to the topic. The results indicate that the application of temporary release occurs heterogeneously, influenced by judicial interpretations, institutional contexts, and distinct conceptions of resocialization and security. The conclusion points out that, despite the controversies, temporary release remains a relevant instrument for social reintegration, provided it is applied with clear criteria, adequate justification, and articulation with effective public policies.