The IMPORTANCE OF THE PRISONER'S WORK IN HIS RESOCIALIZATION AND REINTEGRATION TO SOCIETY

Authors

ARISTIDES DE ABREU LIMA
Famig
Jaqueline Cardoso
Famig

Keywords:

fundamental rights and guarantees, enlightenment, English industrial Revolution, labor in the modern era and post-modernism, prisoner labor

Synopsis

This paper addresses a very sensitive issue, which deals with the Work of Prisoners and the Importance of the Reintegration and Resocialization of inmates into society and their return to family life, which is deserved by the State in the different instances of power, in the governmental expressions of the Executive, Legislative and Judiciary, in addition to the class institutions, and the collective. Mainly in the deconstruction of the distorted empirical vision of the factual reality, when good society sees beyond the penal sanction of the ex-prisoner, and with a look of distrust, creates a new punishment, which is to stigmatize the person ex-prisoner, conditioning him as a criminal ad eternum, in clear ignorance of the rules and principles of the guarantees and fundamental rights of the human person and of the original and special norms in force, which regulate the current penal framework. In this sense, in order to shed light on some issues related to the condition of the inmate, a brief digression is made in the timeline, to contextualize the evolution of Fundamental Rights and Guarantees and generations, identifying and situating the concept of work, inserted, a priori, as a social guarantee. The research seeks elements in the significant historical landmark that was the Industrial Revolution in England, and to highlight how the working condition was passed, its importance and developments that gave rise to the liberal market model. It is important to highlight some philosophical and social considerations, aligned with the approach of the theories of the Social Contract, as well as the importance of Utilitarianism and Liberalism and from which perspective work was considered (or underestimated), given its importance in the construction of wealth. "Always act in a way that produces the greatest amount of well-being", this is the main utilitarian maxim. This doctrine is based on the principle of utility, which determines that ethics must always be based on practical contexts, since the moral agent must analyze the situation before acting, and his action must have the purpose of providing the greatest amount of pleasure (well-being) to the greatest number of people possible in order to be morally correct. Understanding social phenomena in their complexity, their interrelation with the legal world and the significance of law in the life of society is a long and complex task. Without a shadow of a doubt, the crisis of the paradigm of modernity and the strengthening of postmodern science ends up directly reflecting on the conception of the category of work. In this scope, outlining the structure of this study, the legal nature of work focuses on the work of the inmate in accordance with the terms provided for in the normative instruments that regulate and discipline the rights and duties of patients admitted to prison hospitals. In this sense, the legislator created devices that shortened the internment and enabled freedom with a minimum of dignity. It is important to emphasize that this work addresses from the constitutional perspective the individual and collective rights and guarantees inherent in the work of the inmate, as well as the liberal interests of the economy, given that the normative institute created by the legislator, which addresses the limitation of the social rights of the prisoner, greatly increases, in our opinion, a certain degree of partiality/institutional favoritism, in observance of the benefits provided to those who use the patient's labor force.

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Published

July 10, 2024

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