O estudo de impacto legislativo como possível estratégia de contenção do encarceramento em massa no Brasil

Abstract

Considering the scenario of legislative production in criminal matters in Brazil, in order to contribute to face mass incarceration, this paper will present the foundations for formulating a Legislative Impact Study, which consists of a criminal policy assessment tool, inspired by the European model called Better regulation. The paper considers the problem of mass incarceration in Brazil and the politicalcriminal tendency to justify increases in penalties or modifications in criminal process when the Legislature is urged by media to react to serious crimes without due consideration of effects that a certain legislative change may produce in the prison system. Thus, at some stage in the analysis of legislative proposals, a legislative impact assessment must be carried out, as a way of containing the approval of legislative proposals that may contribute to the increase of the prison population without due consideration of this problem. It is proposed that the study is formulated, led and executed by the National Council on Criminal and Penitentiary Policy (CNPCP / MJ), who is responsible for the definition of political and criminal headquarters of the Brazilian State.