The National Fair Sentencing Plan In Light Of The Penitentiary Regulations Of The State Of Goiás

Abstract

The Brazilian penitentiary system has been characterized by an “unconstitutional state of affairs”, coordinated demanding responses. This article critically analyzes the penitentiary policies proposed by the Plano Nacional Pena Justa (PNPJ) in contrast with the policies already established and the results obtained by the Policia Penal de Goiás (PPGO) between 2018 and 2024. The research seeks to identify points of convergence and divergence, assessing the risks that the full adoption of the PNPJ may represent for the autonomy of state prison management and for prison control in view of the model adopted by the Goiás penitentiary system. To this end, a qualitative-quantitative approach was used, combining documentary analysis of legislation and official reports with the collection of primary data, through questionnaires applied to fifteen members of the Working Group responsible for the implementation of the Plano Estadual Pena Justa in Goiás. The results reveal substantial convergence (94%) between the PNPJ goals and Goiás regulations. However, the 6% of divergences include the standardization of prisoner transfer procedures by Resolution No. 404/2021 of the CNJ. This, in particular, conflicts with the autonomy of management of vacancies and movement of prisoners granted to the PPGO by Law No. 19.962/2018, which proved to be preponderant for prison control and for the significant reduction of crime rates in Goiás in the period analyzed, placing the state among the five best in crime reduction. It is concluded that the imposition of standardized regulations, without considering the specificities and autonomy of successful state administrations, can compromise advances in prison control and in the fight against organized crime based on the actions of the penitentiary system.