Rehabilitation, education and work: the criminological examination as an instrument for resocialization and integration of the subject into society

Abstract

The respective object will have the proposal to develop a study about the importance of the Criminological Examination regarding the rehabilitation and integration of the individual in society, as an instrument that makes it possible to offer the convict the opportunity to receive treatment, education and work, to undergo a process of social recovery. The Exam is located in the Execution Law and in the Penal Code, in the legal device nº 7.210/84 and the enactment of Law nº 10.792/03, which revoked the obligation of the referred exam and became optional. The objective of the work is to reflect the value of such a procedure that arises to promote/guarantee the dignity, humanization and individual/collective rights of the prisoner. The methodological procedure will be based on the bibliographic review, through specialized literature of scientific articles, books and doctrines, in the search to support the study and offer content based on the most renowned authors, such as: Bitencourt (2004); Capez (2007); Fernandes (2002); Fernandes (2010); Marcao (2009); Mirabete (2002); Mirabet (2004). With the application of the Exam it would be possible to draw a study about the personality of the individual and to analyze the circumstances that led to the commission of the crime, as well as to grant prison benefits, conditional release and regime progression. It was concluded that, the advent of the new Penal Execution Law, discarded the obligation of the prisoner the due condition to be evaluated, which would serve as the basis for the decisions of judges and courts when applying the granting of prison privileges.

DOI: https://doi.org/10.56238/thebestiimulti2022-006