As restrições a reinserção social do apenado promovidas pela lei 14.843/2024: uma análise crítica à luz do estado de coisas inconstitucional do sistema carcerário brasileiro

Abstract

The enactment of Law No. 14.843/2024 introduced a series of substantial modifications regarding the progression of prison regimes and the granting of benefits provided for in the Penal Enforcement Law to convicted individuals, such as the reinstatement of the criminological examination and the restriction of temporary releases. Although these changes have been justified as responses to the public security crisis and criminal recidivism, they have sparked a deep debate on the impact such restrictions may have on the social reintegration of incarcerated individuals. From the perspective of the State of Unconstitutional Affairs (USoA) in the prison system, recognized by the Supreme Federal Court in ADPF 347, questions arise as to whether the measures contained in the Law are compatible with the implementation of the plan to address the systematic violation of fundamental rights. By imposing new barriers to resocialization in a context lacking effective reintegration policies and facing limitations in controlling the entry and release of prisoners, the legislation may exacerbate the cycle of marginalization of convicted individuals, compromising reintegration efforts and even the maintenance of public order. Therefore, this study aims to critically analyze the restrictions imposed by the new legislation in light of the institutional diagnosis of the Brazilian penitentiary system, reflecting on the challenges for the effective resocialization of convicted individuals and the implementation of humane public policies.