THE IMPLICATIONS OF THE RESTRICTION OF TEMPORARY RELEASE BY LAW 14.843 OF 2024 IN CRIMINAL EXECUTION

Abstract

This study analyzed legislative changes related to penal execution in Brazil, focusing on restrictions on the benefit of temporary release and its implications for the social reintegration of inmates. In 2024, Law No. 14,843 amended Penal Execution, restricting the benefit granted to convicts of temporary release, a release intended for the resocialization of prisoners. This law was created after the murder of a military police officer by a convict who was on temporary release. This work aims to understand the evolution of punishment as a means of resocialization, the need for temporary releases as a means to achieve that purpose, and the consequences that the restriction imposed by Law 14,843 of 2024 may bring to the Brazilian prison system and penal execution. The results obtained in this work indicate that the new law and the restriction imposed by it are unlikely to lead to a decrease in crime. On the contrary, it may result in escapes, rebellions, and riots by convicts. The judicialization of the law restricting temporary releases was also highlighted, aiming to declare its unconstitutionality based on contradictory judicial decisions, such as the decision in ADPF 347 judged by the highest court, and on assertions that the restriction is a clear violation of constitutional principles, such as the dignity of the human person and the individualization of punishment, in addition to clear contradictions with international treaties. Finally, the work evidenced that the restriction needs revision, and that the changes in the Penal Execution Law that restricted temporary releases compromise the full resocialization of convicts, and do not actually bring the effects that the legislator expects, such as increased public safety.