Remição penal por meio da leitura como desdobramento do direito à educação: uma análise a partir de julgados do Tribunal de Justiça/RS

Abstract

The remission of sentence through reading is an institute directly related to the right to education, with the purpose of enabling a non-school educational social practice for people deprived of liberty. In this context, this dissertation sought to understand, based on the analysis of decisions of the Court of Justice of Rio Grande do Sul (TJ/RS), the position of the Judiciary, through the judgment of appeals court judges, on the remission of sentence through reading for people deprived of liberty, its repercussions on the exercise of these people's right to education, and its consequences. This research demonstrated its relevance by simultaneously wandering between realities affected by institutional crises: the judicial, the prison and the educational. In this sense, it addressed the promotion of the institute of remission of sentence through the practice of reading in the judgments of the TJ/RS, seeking to demonstrate the benefits that the execution of the non-school social practice (reading of literary works in a prison environment) can bring to the development of prisoners. Methodologically, it was based on the case law analysis of judgments from the TJ/RS, more specifically, the decisions on appeals in execution, adopting the year 2022 as the initial time frame and the year 2024 as the final time frame. The focus of this research was related to fundamental and procedural nuances of promoting education through reading for people deprived of liberty in the state of Rio Grande do Sul, starting from a literature review, legal precepts of the legal system, and the content of the judgments analyzed. This dissertation analyzed, based on the decisions on appeals in execution that have as their object the remission of the sentence through the practice of reading, how the implementation of this penitentiary policy affects the exercise of the right to education by people deprived of liberty in Rio Grande do Sul. This type of remission, in addition to the aspects presented, contributes to the development and recovery of these people. The results obtained by the research provided timely insights into the impact of the TJ/RS rulings on remission through reading, as well as adding promising perspectives regarding the understanding – and positioning – of the Rio Grande do Sul Judiciary on the matter. Ultimately, it was found that the content of these rulings tends to recognize, for the most part, the relevance of reading and non-school educational practices for the social reintegration of people deprived of liberty.