O hiato de legalidade do regime disciplinar prisional do estado de Minas Gerais

Abstract

The present dissertation aims to analyze and reveal the dynamics of restrictions and control imposed through the disciplinary procedure applied to the inmates by the state apparatus of freedom deprivation execution in the State of Minas Gerais by the Brazilian Criminal Execution Law and by the Regulamento e Normas de Procedimentos do Sistema Prisional de Minas Gerais - ReNP-MG (translated as Procedures Rules of the Prison System of Minas Gerais). In this study it is acknowledged that the disciplinary procedure seeks above all to maintain the order and discipline of activities and relationships developed in prisons, objectifying, by this, the state control of the set of things, people and pretensions involved in the complex and tense implementation of coercive measures of liberty deprivation. To this end, the work of the prison administration, invested with what M. Foucault has revealed as a disciplinary power, is instrumented with the capacity to impose a series of restrictions that, exceed the manifest content of the criminal enforcement order (restriction on the right of locomotion), ordering different aspects of prisoners routine and behavior by limiting, prohibiting and inhibiting the actions of prisoners through disciplinary surveillance and standardization mechanics. This control of the routine and behavior of prisoners, although it is in some measure indispensable and natural to the fulfillment of the liberty deprivation, is used, however, to impose a series of situations and restrictions that violate the dignity and the right of the prisoners. Thus, it is commonplace that the disciplinary power is used to attend to the interests (official or undergrounded) of the prison administration and its agents is through interventions and restrictions that escape the parameters of legality and humanity. This is made possible by the wide discretionary power available to the prison administration, as demonstrated by the present dissertation, by the own distribution of disciplinary power, that defined the leading role of the prison administration in the definition and application of prison discipline, but mostly by the absence of effective external control of disciplinary measures and, mainly, by the lack of legality, who exists in the regulation of this matter due to the scarcity of norms, the uncertainty and the vagueness of some rules, and also, in the case of ReNP-MG, for the nonobservance of formal requirements in the constitution of the disciplinary regulation.