MICROSSISTEMA DAS PENAS ALTERNATIVAS: ANÁLISE GERENCIAL E NORMATIVA DA FASE COGNITIVA

Abstract

This study, relying on a mainly quantitative exploratory research, diagnoses the microsystem of alternative sanctions in all small judicial districts of the state of Tocantins. It focuses on the cognitive procedural phase, based on efficiency and efficacy parameters. A desk research of criminal proceedings and executions was concatenated with the lawsuits filed between the years 2015 and 2016, as a cutoff criterion. Concurrently, systematic reviews of literature and jurisprudence were undertaken. Its theoretical background identifies itself to the third-generation criminological of social interrelationships, regards especially to the clinical criminology model of social inclusion. It concludes that the Microenvironment of Alternative Sanctions is in full operation and it has many conditions for improvements. There is an appropriate structure of material and personal resources. But there are time procedure problems (extreme delays) and quality problems concerning stablished standards. The operation of the service cannot be considered efficient and efficacious in managerial perspective and therefore has not been proven effective. In the normative perspective, its inefficacy is attached to some legal hypotheses.