O impacto do regime disciplinar diferenciado na vida da pessoa em cumprimento de pena: análise da sua aplicação no estado da Bahia, no período de janeiro de 2016 a dezembro de 2019

Abstract

The present study refers to the influence of RDD on the trajectory of inmates who serve part of their sentence in maximum security prisons. RDD (Differentiated Disciplinary Regime) is applied to those who commit a deliberate crime that subverts internal order or discipline, pose a high risk to prison or societal order and security, or have founded suspicions of involvement or participation, in any capacity, in criminal organizations, associations or private militias, regardless of the practice of serious misconduct. RDD is a more severe regime of sentence fulfillment, imposed on detained persons provisionally or definitively convicted, national or foreign. It was originally created in the state of São Paulo after a major rebellion in 2001, later adopted in Rio de Janeiro and, in 2003, became effective throughout Brazil, undergoing changes that made it even stricter in 2019 through Law 13.964, known as the "anti-crime package." Those who are subjected to RDD are kept in cellular isolation with only two hours of daily sun exposure, limited visits, among other restrictions. The sanction may be applied for a maximum of two years, and the measure may be renewed for periods of one year. After the implementation of RDD, researchers examined the issue to discuss its constitutionality and effectiveness, and these studies are discussed in the initial part of this work, serving as theoretical foundation. Noting that there was no practical research such as data collection and hearing from the key players in this issue, such as prison directors, judges of execution courts, and individuals serving sentences under RDD, to understand the influence of this sanction on the trajectory and life of the inmate, we became interested in conducting research on this aspect. Thus, we will analyze the impacts of RDD on the life of the inmate both inside and outside of the prison system in the fight against criminal organizations. The study is focused on the prison system of the state of Bahia, with doctrinal survey on the topic and field research to collect data to outline the profile of these detainees, interviews with those involved in imposing such a regime, with the ultimate goal of understanding the influence of the imposition of this disciplinary sanction on the life of the inmate within the prison dynamics and in society outside.