Penas privativas de liberdade no Brasil: origens, impasses e possíveis soluções para o sistema prisional.

Abstract

This study examines the origin, deadlocks and possible solutions to the problems in the execution of sentence of imprisonment, with a focus of research at the actual conditions of the Brazilian prison system. The objective of this research is to reveal the workings of the prison system, discussing the legislative innovations on the theme and verifying compliance with the law and human rights. Justifies the observation of the phenomenon by the applicant and diurnal occurrence of riots in jail, an increase of overcrowding, corruption and high rates of recidivism and crime in Brazil. This time, it uses the deductive method and technique of literature and legislation. Furthermore, the work is about human rights, basic principles and guarantees of the prisoners, using the law and related social sciences such as sociology Criminal, and criticizes the Criminal Policy. Among the branches of human knowledge, is used to history and Legal Hermeneutics, through the systematic, teleological, extensive and literal interpretations. It is also used analysis of official statistics. Furthermore, we unveiled the social life in prison. In accordance with the foregoing, the crisis of the Brazilian prison system has its origins in the continuity of Criminal Policy and disrespect for the rights of inmates. Result of factors described the main problems today: overcrowding, riots, recidivism, increased crime, protests outside the jail, human rights abuses and government corruption. Among possible solutions, we may cite the "Start Again" from the CNJ, the Brazilian state accountability for mistakes in law enforcement, outsourcing of prisons, the rehabilitation of prisoners and the actual speed of the procedure, especially for prisoners duties that accumulate in the prison system and national police in the area. In short, there is omission of citizens to compel the state to fulfill the principle of human dignity in criminal enforcement.