Regime Disciplinar Diferenciado: história do tratamento punitivo a seres humanos privados da condição de pessoa

Abstract

The purpose of this Dissertation is the study of the Differentiated Disciplinary Regime, its inclusion in the Penal Execution Law as a result of a mistaken criminal policy of social control that, unconstitutionally, resumes the ill-fated cell isolation of the individual, aimed exclusively at leaders of criminal organizations, through the application of the criminal law of the enemy in the context of criminal execution. Through the historical study of authors such as Rusche, George; Kirchheimer highlighted the emergence of prisons as a method of taking advantage of the workforce, since every production system tends to discover punishments that correspond to its productive relations. The prison expansion is, in a certain way, intrinsically linked to the economic and social policies adopted since the creation of the first prison, as well as the creation of the enemy of the State and of the legitimate society of methods of neutralization, which function as control devices of the prison. crime. By analyzing the institution of the Differentiated Disciplinary Regime (RDD), since its entry into force via Resolution, until its introduction in the Brazilian Penal Execution Law with its subsequent amendments, we seek to highlight the application of a law that violates the constitutional commandment and its related humanitarian principles, which even so is aggravated by law 13.964/2019. To talk about the introduction of the RDD in the LEP first, it is necessary to look at the criminal political context of Brazil after the 90s, in particular police violence inside and outside prison institutions, rebellions, riots and massacres by state agents. The relevance of approaching the subject is evidenced by the fact that it is a disciplinary sanction that goes beyond the limits of the sentence itself, thus proving to be illegal, with the possibility of life imprisonment disguised as punishment, since the aggravation of the regime through the law 13.964/2019, surreptitiously allows renewal and permanence in the regime for an indefinite period.