A utilização da religião na metodologia de execução de pena da APAC fere a liberdade religiosa e laicidade estatal? E como a crise carcerária influencia na expansão do programa

Abstract

The paper aims to address the existing conflict between the methodology of compliance with penalties applied by the Association of Protection and Assistance to the Convicted within the Brazilian Democratic State of Law. Although it is an effective and functional method, because it presents elements of a religious character in its philosophy, people who do not have a religion or who have a religion different from the Christian can not stay in the program, since going to the services is obligatory. The State, by sponsoring the program, can not guarantee that all prisoners belonging to the common system will join the APAC due to religious bias in the execution of sentences. In addition, the crisis of the prison system cooperates so that prisoners without religion or with religion different from the Christian, enter the program. This is because the conditions that are imposed become a reason to submit to the imposition of Christian worship in APAC, which is expressly prohibited by art. 23 of the Law on Criminal Executions, as well as offense to religious freedom and state secularism, both established in the Magna Carta.