Conversão de pena restritiva de direitos em privativa de liberdade : uma análise da competência jurisdicional e da prisão do condenado ao regime aberto

Abstract

The performance of the Judiciary in criminal execution is the result of overcoming a strictly administrative model and has the finality to warrant fundamental rights and guarantees to convicted persons, in order to enable the reprimand to be complied with within the limits imposed by the condemnatory criminal sentence, and to allow the social reintegration of the convicted. For the best performance of the jurisdictional organs, rules are laid down about the determination of jurisdiction, whose preponderant criterion is the attachment to the federated entity by the administration in charge of the penitentiary establishment in which the convicted person is collected, under the terms of the Supplement n. 192 of the STJ. The establishment of this criterion allows the magistrate to act in order to guarantee the rights of the executants. When the offender does not serve a sentence collected in a prison establishment, it does not concern the criterion set by the Supplement n. 192, which was designed from the execution of the custodial sentence. In this situation, the convicted imprisonment under the open regime is constantly determined, resulting in the change of jurisdiction in the case Supplement n. 192. It deserves attention the prisons determined due to the cumulation of the conversion in custodial penalty and regression to the half-open and due the beginning of punishment to the segregation of the distressed open regime.