Punir e ressocializar: o dilema do Estado do Maranhão

Abstract

The present work intends to investigate the possibility of re-socialization through work and, for that, uses the analysis of the Planned Furniture Factory based in the Secretariat of Penitentiary Administration of Maranhão – SEAP as main object. The research seeks to verify the penalty’s resocializing function in the prison scenario of the State by observing a certain prison unit, as the penalty not only presents a punitive character, but it also holds prevention in its essence. Resocialization, as a measure of reinsertion of the convicted person into society, can happen even before the compliance with the judgement. It is worth mentioning that the placement of the convicted person in labor activities as a way to achieve resocialization is foreseen in several provisions in Brazilian legislation, such as the Criminal Execution Law, as well as in international treaties and conventions about the subject. The methodology here adopted is the dialectical materialism method, as law can’t be analyzed in an isolated way, but through the social relations present in that determined historical period, besides that the historical formation of the society is guided by the idea of work as a form of merchandise. The development of the work consists of an exploratory research with the objective of bringing a greater understanding of what is being addressed for bringing the subject closer to reality for the reader, as well as a descriptive research with the objective of describing the primordial when dealing with resocialization. The general objective is to analyze the effectiveness of working as a means of resocialization of the prisoners who participate in the furniture construction factory planned at the headquarters of the Secretariat of Penitentiary Administration in the State of Maranhão based in the prison unit of Paço do Lumiar. The specific objectives are the verification and evolution of the theories about the penalty, the prisons and the prison systems; the disposition of the means of resocialization in particular the work in the legal system and to put an end to the observation of the effectiveness of the work as a means of resocialization and, consequently, its obstacles. In view of the analysis of the data regarding the vacancies made available by the Secretariat of Penitentiary Administration of the State of Maranhão and the prison unit analyzed, there is a balance between those involved.