THE REMISSION OF SENTENCE FOR READING: AN ANALYSIS OF THE RESOLUTION Nº 391/2021 OF NATIONAL COUNCIL OF JUSTICE AND THE NEW PERSPECTIVES OF SOCIAL REINSERTION

Abstract

On Contemporary Law, the penal sanction aims to punish the individual responsible for the conduct considered to be criminal and to prevent commission of crimes. Its preventive character is not only based on fear of punishment, but also the gradual social reinsertion of the transgressor into life in society. In an Unconstitutional State of Affairs, recognized by the Supreme Court and marked for successive violations of prisoner´s fundamental rights, it is necessary that the criminal enforcement agencies encourage the application of mechanisms capable of facing the difficulties of the present crisis scenario. In this situation, this research aims to understand how the remission for reading, after the edition of Resolution nº 391/2021 by the National Council of Justice, can contribute to the achievement of a constitutional model of serving a sentence that allows the reinsertion of prisoners in soci-ety. Thus, initially it lays out the fundamentals of the criminal penalty and the applicable principles, focusing on the institute of remission and its legal guidelines, to identify the normative changes arising from the regulation of the subject by the National Council and the possibilities arising from stimulate reading and literacy of people deprived of liberty. The study starts from the deductive approach method, adopting historical and descriptive procedures and making use of documentary and bibliographic research. The research revealed that the remission of the sentence and, in particular, the remission for reading, contribute to the confrontation of the Unconstitutional State of Affairs that affects the Brazilian prison system, notably because the access to literature and information complements the pedagogical efforts made with the offer of other levels of education to prisoners. By allowing the person deprived of liberty to be offered a complete cultural education, access to literary works provides the basis for avoiding commission of crimes, in order to promote the reint gration into life in society and fulfill the fundamental guarantee of individualization of the sentence.