ATUAÇÃO DA AGÊNCIA ESTADUAL DE ADMINISTRAÇÃO DO SISTEMA PENITENCIÁRIO DO ESTADO DE MATO GROSSO DO SUL (AGEPEN/MS) NO CUMPRIMENTO DA FINALIDADE DA PENA SOB O PRISMA DOS PRINCÍPIOS GERAIS DO DIREITO PENAL

Abstract

Punitive practices have historically been related to social practices of control and manipulation of power. The beginning of the application of penalties even goes back to the time when corporal punishments were used, such as amputations of limbs, gallows, beheadings, among other measures of physical violation, since at the time the nature of the punishment was in the physical domain of the agent by cause of the misconduct committed. It turns out that, over time, the application of these penalties began to be regulated so that they continued to serve as social control, but in an institutionalized way, and new ideals emerged with the spread of the Enlightenment and a new perspective on man was established. The application of the penalty began to be regulated by norms, rules and principles, which determined the conditions under which a penalty would be applied. Before that, the penalties began to acquire objectives linked to the modes of production of each era, that is, the punishments became attractive to the labor market, as they were cloistered, it was possible to transform these individuals into disciplined bodies qualified for work. Labor is an institutionalized means of social control, used as a way to redeem the sentence and resocialize the offender. Incarceration, then, became a more viable option for social control, certain that the agent's deprivation of freedom should be regulated by more dignified conditions of treatment and would allow the agent to return to society, reprimanded for the act he committed and conscious that a new direction of social life should be followed, in addition to providing a large workforce for the market. This way, there would be a reduction in crime. However, it is at this point that the research carried out will reflect on the impact of incarceration within the State of Mato Grosso do Sul, in the search for compliance with the repressive and preventive purposes of the sentence, based on the actions of the body responsible for regulating the state penitentiary system, seeking to indicate with the data collected whether alternative and resocializing measures had an impact with regard to the social function of the penalty of reducing the prison population, and consequently crime as well.