Sistema penitenciário brasileiro: os efeitos da prisão em face do processo de ressocialização

Abstract

The situation of the current national penitentiary system is quite serious. Problems with overcrowding, insalubrity, degrading conditions, disrespect for human rights commune to bankruptcy of the system and other social problems such as criminal recidivism. The penalty of deprivation of liberty does not fulfill its function of reeducating the distressed person, but it punishes him in a similar way to that which had happened centuries in the medieval prisons. Prisoners are treated in inhumane ways, have their basic private rights, are treated without dignity, and left to fend for themselves in the midst of an underworld where chaos and rights violations prevail. One of the most obscure effects of these prison conditions is the way the prisoner leaves after securing provisional release or serving his sentence, and often becomes more violent and tends to return to criminal practice. In this sense, the present work starts from a bibliographical review to analyze the causes of the problem with a view to pointing out some possible solutions. In order to do so, we resorted to renowned authors who focused on the subject, drawing attention to its importance. We will study the Criminal Enforcement Law in tangent with its main provisions, highlighting the rights and guarantees granted to the detainee therein and observing at what point such a diploma may be being ineffective or violated.