Execution of the prisioner’s penalty near social and family environment and administrative discretion
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Criminal execution, Transfer of prisoners, Administrative discretionAbstract
Based on the concept that the law of criminal execution has built a model that requires the joint participation of both the judiciary and the public administration, the article explores how judicial decisions have dealt with the prisoner's right to serve the sentence in a location close to his social and family environment. Besides, the concept of administrative discretion is explored in order to understand whether the courts have been using the concept to guarantee the prisoner's right or to avoid analyzing threats and injuries to the right, with the allegation that it is a matter of administrative decision, and are, therefore, prohibited from judicial control.
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PRADO, Luis Regis. Execução Penal. 4. ed. São Paulo: Editora Revista dos Tribunais, 2017. P. 61.
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