Análise Econômica do Direito ao Trabalho do Encarcerado: Reflexos Econômicos na Promoção da Dignidade da Pessoa Humana

Abstract

The objective of this article is to present, through the economic analysis of the law, the work of the prisoner, the promotion and insertion in that market, especially in the formal and the positive economic reflexes, as well as to recognize in practice the dignity of the human person. The research uses the quantitative method regarding prison overpopulation. At first, the competence over the limit and scope of the Judiciary when faced with administrative acts and later refer to the number of prisoners today. To this end, the article focuses on the analysis of the Administrative Appeal in Administrative Control Procedure No. 200810000008454, reported by Counselor Jorge Antonio Maurique, of the National Council of Justice. Having defined the first situation and found the second, the study presents some questions to deal with the problem more effectively. The research problem is: To what extent can the economic analysis of law help the Brazilian prison system to solve and / or mitigate the problem of prison overpopulation? The points that will be the object of this work span over several segments, as sociological, legal and its application in contemporary times, which represents the structural axis of the work, in four stages: The first deals with the establishment of competence; The second, the quantitative appreciation of prison overpopulation; The third: Economic analysis of the law of the Penal Execution Law (LEP); and the fourth: Considerations about options for the prison system to reduce / mitigate the problem of the number of people incarcerated.