Faltas disciplinares em penitenciárias femininas: um estudo das decisões do TJSP

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Machado, Maíra Rocha
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This research aims to study the judicial control over disciplinary offenses registered in female penal units. In order to do so, it works with 136 appeals, judged by São Paulo’s State Court Of Justice (TJSP), between the years 2014 and 2017. These decisions are the result of legal controversy regarding the attribution of serious disciplinary misconduct by the prison administration, whose procedure must be reviewed by the judiciary. The disciplinary system is a key element in the penal execution that directly determines the amount of time to be served and the quality of prison life. For that reason, it discusses the factual situations described in the decisions, the arguments and elements mobilized in the sanctioning process and in the characterization of the sanctioned women, the meanings attributed to the disciplinary punishment and the scope of judicial control over the administrative disciplinary imputation.

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