Pena alternativa de prestação de serviços à comunidade: reprodução do conservadorismo ou garantia de direitos?

Abstract

The subject-matter of this thesis is alternative sentencing to community services (PSC). Its advocates consider it a form of punishment which enables - under the gaze of society - the enforcement of a criminal sanction which preserves the right to freedom, the right to social and family life, the right to work and the right to resocialization and to social reintegration by means of free labor before public and philanthropic institutions of civil society, aiming at avoiding imprisonment. The purpose of this research is to identify and analyze the tendencies, perspectives and challenges in the actual enforcement of the PSC in Goiânia/GO, with focus on the issue of social rights. This research is qualitative in nature, guided by the perspective of historical and dialectical materialism, through which one proceeds from the appearance aiming to approach the essence of the object of study. In order to achieve this, we have conducted a literature review on the contributions by classic and contemporary authors; a documentary research, particularly about criminal laws; and field work. The latter has had as participants people who had been sentenced and who had their imprisonment sentence converted to a PSC alternative sentence. The common thread of this reflection was the premise that the metabolic power of the capitalist society pervades all of the processes of social relations, establishing strategies of a conservative nature in order to maintain the class relations, and guiding the dynamics of the social rights in accordance with the bourgeois interests. Our analyses show that the PSC, within the logic of capital, is characterized as one of the means of social conditioning that is carried out by the bourgeoisie in its struggle against the working class, based on the binomial "welfare and repression", in opposition to the perspective of rights. Thus, it is critical to expand the debates over the PSC, gathering different members of civil society, so as to reflect on the nature, the logic and the everyday implementation of such a punishment