A finalidade ressocializadora da pena na execução penal brasileira (análise da lei nº 14.843/2024)

Abstract

The article analyzes the resocializing purpose of punishment in the Brazilian criminal execution system in light of Law No. 14,843/2024. The research discusses the impact of the changes imposed by the new legislation, such as the requirement for a criminological examination for regime progression and the restriction of temporary departures, contextualizing these changes within the framework of criminal populism. Using qualitative methodology and critical analysis of legislative, doctrinal and jurisprudential sources, the study identifies the challenges faced in the application of the new law, such as the absence of a state structure to carry out large-scale criminological examinations and the weakening of the family life of those convicted, which is crucial for their social reintegration. The results highlight that recent legislation tends to aggravate structural problems, such as prison overcrowding and the influence of organized crime within prison units, instead of strengthening the social reintegration of prisoners. Furthermore, criticism of the punitive nature and financial and operational implications of the new standard raises questions about its possibility and effectiveness. It is concluded that, although Law No. 14,843/2024 seeks to endure criminal policies, it presents risks to the guarantee of fundamental rights and resocialization, requiring a more comprehensive and effective approach to public security and criminal justice.Keywords: Summary. Intended. Work. Subject