A ressocialização dos encarcerados como direito fundamental: educação para uma justiça restaurativa

Abstract

Starting from a general analysis about the convict ressocialization right, its positioning within the constitutional values and the dignity of the human person as a constitutional reference, that unifies all the fundamental rights, and finally focusing the theme as a diffuse interest, we faced the issues related to the ressocialization as an individual right.

We shall present proposals for the personal development of the prisoner as a requirement for the recover of his or her citizenship, and the challengers to be overcome, mainly in the aspects concerning education, professional formation and political participation, aiming to concretize the Constitution as a general objective to make it viable to ressocialize persons whose liberty is restricted.

We will ground our argument that the imprisonment subvention should be understood as a ressocialization subvention with a citizenship objective, and more than that, let us finally institute the proposal to adopt preferentially the term ressocialization subvention instead of imprisonment subvention as a restorative vision. With such approach we aim to contribute to the evolution of the law science, especially through the constitutional right, spreading the restorative ideal, changing the traditional view of guarding and punishing to a new one of guarding and recovering.