O estado do punir no Brasil : uma análise do processo legislativo em execução penal pós-abertura política entre ambiguidades histórico-discursivas

Abstract

This research seeks to understand the rationales that underlie the production of correctional legislative discourse and illustrate the ambiguities of the discourses that inform these laws. Therefore, it seeks to analyze the projects that originated these legislative productions prison since the democratization, dialoguing with Brazilian prison past and contemporary influences. Since the eighteenth century can be perceived distortions in the normative desires about prison and punishment. The public indifference, the inhumanity which was relegated to prisons and the character of sub-citizens convicted held, however, the discourse sought is the perfect enclosure model. In recent decades, emerged criticism of the penal system theoretical constructs that have been fundamental to understanding this time of global convergence in the western prison policy. In Brazil, in 1984, the recent Law of Criminal Execution carries the discourse of the belief that the novel legislation can somehow ensure the change of prison status quo. For these reasons, we intend to analyze the bill that gave the Law of Criminal Execution and all other legislations of the same character. The investigation seeks to unite the analysis of the bills in an analytical and dynamic way without losing sight of the criticism of the discourse contained in the laws, combining empirical data to social, cultural and political Brazilian context. The legislative process is the subject of research, featuring in it the rise of these ambiguous discourse about the prison. Thus, the main objective of this work is to know how the criminal execution laws are produced on a national experience and, from them, recognize trends or prison policy standards.