O sistema prisional e a atuação do Poder Judiciário no contexto da pandemia da covid-19: um balanço da bibliografia

Abstract

The Prison System and the Actions of the Judiciary in the Context of the COVID-19 Pandemic: A Review of the Literature This work is part of the initial stage of the Project Federative Asymmetries in Times of Covid-19: Diagnoses and Impacts of Recommendation 62 of the National Council of Justice in the States of Mato Grosso do Sul, Rio de Janeiro and Rio Grande do Sul, in which we proposed a balance of studies produced in the academic field on the performance of the Public Security and Criminal Justice systems in the face of the Covid-19 Pandemic scenario, in the prison and socio-educational systems. The text reflects, in particular, debates around the applicability of CNJ Recommendation 62 of 2020 - aimed at judges and courts in the judgment of habeas corpus asking for its application in the sense of “adopting preventive measures against the spread of infection by the new Coronavirus within the criminal justice and socioeducational systems”, including re-evaluating pre-trial detention in this context - and its effects on its proposed purposes. The mapping of the bibliography in this area shows that there has not in fact been a break with traditional punitive practices towards the incarcerated, even with the aforementioned Recommendation to the Courts.