O acesso ao ensino superior da pessoa encarcerada em regime fechado
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Date
2021-05-12
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Universidade Católica do Salvador
Abstract
This academic paper aims to analyze the decisions that authorize - or not - the
incarcerated person to enter higher education, observing the resocializer character of the
penalty, sculpted by the Penal Execution Law, and the Right to Education as a fundamental
right. Our effort is that lack of access to higher education are related to other lack, that is a
clear legislative provision delimiting this issue, leading each Judge to determine access
according to their interpretation. This paper discuss the risk that higher education accessibility
policies will be unsuccessful, given the need for express authorization from the judicial
authority. It is argued that this situation has an impact on educational levels existing within
the Brazilian prisons, interfering with rights enforcement during sentence serving, and also
with prisoners’ social rights, which shouldn’t beseverelyrestricted just because of criminal
conviction. For this analysis, a bibliographic review will be carried out, with inspection of
public documents and emphasis on existing decisions and judgments on the theme, in addition
to data on education and prison system, published by official agencies (MEC, Inep, Infopen
and SEAPs).
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Keywords
Ensino superior, Cárcere, Execução penal, Acesso a direitos, Inefetividade de direitos, Superior education, Prison, Criminal execution, Rights enforcement, Right’s infectivity