Regime disciplinar diferenciado: analysis of its constitutionality and necessity

• Grant number: 12/23667-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: February 01, 2013
• End date: December 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Antonio Alberto Machado
• Grantee: Tiago Masson Nossig
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

This project aims to explain about the institute of the Regime Disciplinar Diferenciado, subject of several discussions and divergent doctrinal views. Extensive study will be performed with doctrines, jurisprudence and our legislation, exposing all the particularities of this regime, as well as the views for and against this system. The objective with this study, based on doctrines and jurisprudence, is to argue about the constitutionality and necessity of the Regime Disciplinar Diferenciado as a way to prevent the spread of the organized crime inside the prisons, mainly in the state of São Paulo. Although be a severe measurement, the RDD is seen by many as a necessary evil for the current situation that we have in the penitentiaries, along with other measures to an effective combat against organized crime. It is possible to note the relevance of the theme and the importance of its study, aiming to contribute significantly to the debate generated from the appearance of the RDD, aiming to position about this regime. (AU)