La clasificación inicial en tercer grado de tratamiento penitenciariodesde su contexto legal a su aplicación práctica

Resumo

The inmates classification is based on the individualism scientific principle. This is an instrument which allows the convict to serve a sentence in the most convenient prison system in relation to the social rehabilitation. This is the way to get the rehabilitation of an offender established in the Constitution (Art. 25.2). Before classifying the inmates into the third grade, it is necessary to be sure this person can live in half-freedom, following the rules applied to everyone. So, we need to evaluate several parameters. We will consider particularly the criminal background and the social integration. This study is focused on the way the law courts deal with this legal concept, evaluating the mentioned parameters above and others circumstances related to the qualifying process like the time to resolve, the Prosecutor´s point of view, the successful rate in the different qualifying appeals, the influence in the satisfaction of the accountability, etc.