Detalhes bibliográficos
| Ano de defesa: |
2008 |
| Autor(a) principal: |
Esteves, Maria Fernanda de Lima
 |
| Orientador(a): |
Marques, Oswaldo Henrique Duek |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/8217
|
Resumo: |
The present work has as objective to analyze the effectiveness of the alternative penalties in the reduction of criminality. The subject justifies because the penalty is the measure of social control used by the State in reaction to the practice of a delict. Ahead of this situation, the penalty must be the most efficient and adjusted as possible, respecting the legal system and the effective principles, which does not happen, in the present time, with the privative of freedom penalty, therefore, in reason of its serious imperfections, it does not obtain to fulfill the correction objective, contributing for the increase of the relapse and criminality. Moreover, measures as penalty increase, privatization of criminal establishments and even the extinguishing of the Criminal Law do not seem viable for the reduction of criminality either. The alternative system of penalty reveals efficient in the reduction of crime, in special in relation to the classic system of penalty, therefore, among other factors, it fits in the principles, the structure of individual guarantees and the purposes of the penalty established in the effective legal system. The application of the alternative penalties neither does bring to the convict the malefic effects resultant of the application of the punishment by confinement, as, for example, the stigma and the rupture of his familiar, social and professional bows. It is certain that there are criticals to the alternative system of penalty, but it cannot be rejected in reason of them. In this way, if the adjustments will be carried through in the system, mainly in which concerns to its structure and fiscalization, it will have conditions of being extended for all the cases where its application is considered positive, even if the delict does not fit in the conditions that make possible the substitution of the punishment by confinement for an alternative penalty. The analysis of statistical data concerning the relapse in delinquents to whom were imposed a privative of freedom penalty and the relapse in delinquents to whom were imposed alternative penalties, as well the analysis of the arguments of authors and the effective legal system currently in the country are the sources of research of the work, and assist its development |
