MILD REGIME FIXING FOR AN INITIAL ACCOMPLISHMENT OF RESTRICTIVE PENALTY OF FREEDOM

Abstract

The present study presents a brief analysis on the possibility of fixing the initial open regime fulfilling the restrictive penalty of freedom, on the hypothesis where a legal regime does not appear to be necessary to attend disapproval and crime prevention. Firstly, the disapproval and crime prevention purposes are presented, along with the theory adopted by the Brazilian ordering, and the initial open regime fixing criteria for penalties accomplishment. With the theoretical basis settled, the next considerations are about the general view of the contemporary prison system, the defendant’s dignity violation, and the incapacity to attempt the penalty resocialization purposes. The fixing authorizers’ criteria for a severer regime than the legal one are analyzed, aiming to understand if the same logic authorizes a mild regime. In the end, deliberations about the necessity and sufficiency of the penalty are made, as well as the propositions for a criterion for fixing the mild regime.