Remission of penalty through reading and the philosophies re in Resolution n.º 391 of the National Council of Justice

Abstract

This article sought to analyze the Resolution 391 of the CNJ, as a normative directed to the regulation of the remission of the penalty by reading in Brazil, under the critical perspectives elaborated by Eugenio Raúl Zaffaroni about the philosophies re in penal execution, as well as the notions produced by Salo de Carvalho and Anabela Miranda Rodrigues. Thus, this was a qualitative research, which took the form of a theoretical research. To understand the issues surrounding the theme, we make use of a critical theoretical framework, then we conducted a documentary analysis of a corpus of public documents about the remission of sentence by reading, however, the focus was the Resolution 391 of the CNJ, as well as the so-called philosophies "re" - resocialize, re-educate, re-adapt - from the critical approaches held by Zaffaroni. Furthermore, the object was delimited from the perspective of the right itself, in the sense of the recognition of the right, the reduction of harm, the use of the institute, and the efforts that are being made. Thus, it was possible to verify that the philosophies re and the institute of remission of sentence go together, not explicitly, but with a new look. Still, the institute has very little applicability, given the complexity of the prison issue. However, because it is recent, it deserves great attention, since it has a huge potential in relation to harm reduction, when we think of human-dignifying perspectives.