Reasoning (in)dispensability in the DAP (disciplinary administrative procedure) installed in the execution of criminal punishment
Keywords:
disciplinary administrative procedures, disciplinary punishment, reasoningAbstract
The present article shows superior court’s and doctrine’s divergent understanding about the disciplinary administrative procedure in the execution of criminal punishment, inclusively, the indispensability of that procedure. It concludes that it is indispensable for the guarantee individual rights the exhaustive reasoning by the Penitentiary Administration in the collegiate decision that sanctions the inmate for the practice of disciplinary offense. The collegiate decision must be clear in the statement of the facts and their legal grounds, consistent with the evidence produced and must contain the discussions raised for the decision, otherwise it may incur in excessive execution of criminal punishment.
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