Sistema penitenciário brasileiro : a falibilidade da pena privativa de liberdade no tocante ao seu caráter ressocializador.

Abstract

This monographic work has the theme "Brazil's prison system and the fallibility of private penalty of freedom in relation to its resocialization character", in order to study the true effectiveness of private penalty of freedom, against the current situation of the Brazilian prisons. Thus, it is intended, in the light of doctrine, analyze, discuss and present the main aspects of the situation that surrounds this issue. Therefore, it uses the literature search methodology, that consists basically in reading, noting and comparation of theories of the main authors of the law that discuss this problem. Starting from the assumption that there are currently a lot of criticism about the execution sistem of the private penalty of freedom adopted by Brazil and controversial discussions in view of the precariousness which are the prisons and the subhuman conditions in which prisoners survive, seeks to analyze in detail the historical evolution of imprisonment, prioritizing demonstrate their origin and the circumstances that influenced its establishment as the main penalty, list the types of existing correctional systems and discussing about each, making a parallel with the current type, exposing its characteristics and making a reprover focus on the problems faced, and discuss the main proposals and alternatives to imprisonment that are seen as important extrication tools. Thus, considering the current reality of prisons in Brazil, this study promotes a critical view of the private penalty of freedom, assessing the implementation and the ineffectiveness of its essential functions, such as the preservation of the dignity of the prisoner and his adequate rehabilitation to social life.