Análise dos requisitos objetivos e subjetivos para transferência da execução da pena para o Sistema Penitenciário Federal

Abstract

This paper seeks, in view of the emergence of the Federal Penitentiary System in 2006 to make an analysis about this criminal microsystem. Thus, we seek elements that differentiate it from other prisons and understand where this new system is located within the Brazilian prison system. It seeks to identify in the legislation governing it what are the requirements listed by it for the inclusion or transfer of prisoners in the Federal Penitentiary System. Having explained this and starting from the premise that this new system is the most severe in the fulfillment of the restrictive penalty of liberty, these requirements are analyzed in several contexts seeking to identify if they are sufficiently capable of providing a double protection: first of the prisoners, the so that they are not inserted in a stricter model of criminal enforcement achieved by vague criteria brought by the legislation, thus subjecting them to possible arbitrariness due to poor legislative formulation and secondly the SPF itself that presents itself as a tool of specific use. in criminal execution, with the purpose of combating organized crime and may have its use distorted, if there is no proper legislation and care in choosing the prisoners that will be included there. The research was guided through bibliographic and legislative research on the origin and ends of the sentence, criminal execution and the SPF, identifying its purposes and the need to use the law as a legitimate instrument for regulating federal prisons of maximum security and protection of prisoners as to the requirements for entry into this system, as well as the quantitative and qualitative analysis of TRF 5th Region judgments regarding the inclusion of prisoners in the Federal Penitentiary System.