PROGRESSION FROM CLOSED TO SEMI-OPEN REGIME AND THE NEED FOR SUBMISSION OF THE CONFIDENT TO THE CRIMINAL EXAMINATION

Abstract

This article was dedicated to analyzing the requirements for progression from closed to semi-open regime and the requirement for a criminological examination. The research is based on the premise that there is no consensus in law, doctrine and jurisprudence regarding the need or not of criminological examination for regime progression, legality/illegality in its requirement, and the impact of this on the Brazilian prison system. Based on bibliographical-documentary research, we seek to analyze the current penal system, criminal execution, the historical-cultural phenomena that permeate them and the conceptions and implications of the institute under study. The results achieved demonstrate that the decisions of the courts requiring the carrying out of the criminological examination are based exclusively on the abstract gravity of the crimes, and are not in line with procedural and constitutional dictates. It is concluded that there is an emergency in the standardization of decisions and the observance of legal diplomas, with consequent safeguarding of the rights of those subject to criminal execution.