A realidade do sistema penitenciário brasileiro: a (in)eficácia da ressocialização da lei de execução penal

Abstract

Given the high rate of criminal recidivism that has been spread over time in conventional penitentiaries, it is necessary to retake history to understand the problems and solutions used by ancient people. In this point of view, a punitive humanization was possible to be noticed as the corporal penalties were ceased to become soul punishments, making the condemned to reflect on their behavior and to return to do right things. Nevertheless, the improvement of penalties must be taken into consideration in order to transform systems that are no longer efficient. The research aimed to verify whether there is effectiveness in the resocialization of the condemned based on the current situation of the prison system. However, it was observed that several social problems in relation to the penitentiary system are generated by the state negligence. A descriptive and qualitative bibliographic methodology was applied for this research. This study revealed that prison overcrowding is one of the main problems arising from the state negligence which makes the prison environment a veritable unconstitutional situation as it violates several fundamental rights, hence must be opposed with public policies and popular participation. Regarding the legislation, it was possible to prove that the Criminal Execution Law is complete, however, it is not implemented in the specific case, making its expected results not being achieved, whatever it may be, punishment and re-education. All these negative factors make criminal recidivism perpetuate, and the crime rate and prison overcrowding to continue increasing.