Eficácia das penas alternativas no ordenamento jurídico brasileiro.

Abstract

The present work possesses intention to emphasize the effectiveness of the alternative penalties in our criminal legal system being thus searched the fulfillment of the function of the penalty and preventing the problems brought with the jails of small duration. The methodology used in the accomplishment of the investigatory activity consisted of the bibliographical research as well as in the analysis of statistical data found in articles related to the subject, using with this the exegeticlegal method. It was verified that, the necessity to punish originated from the proper society, when this with the desire to keep the social peace started to foresee penalties for the agents who committed delicts. Being that the penalties appeared in the primitive times through the private revenge, which foresaw desman's and violent sanctions not having a ratio between the offence and the rebuke. With the origin of a humanitarian movement inside of the criminal law, such penalties had started to be reviewed in the legal systems of some countries. After the analysis of the historical evolution, verified that the privative penalty of adopted freedom as one forms to eradicate crime, is not reaching its purpose, which is the ressocializacao. Although to be an Utopia to think that the alternative penalties would all decide the problem of our jail system, it can be evidenced, however that its use would r respectfully reach an improvement respectfully for the problem of the jail overpopulation, a time that the alternative sanctions would go to diminish the number of inmates in the arrests and for having low costs would result in the economy of the public coffers. Finally, the application of the alternative penalties is well more efficient, therefore it obtains to bring benefits to the society, being diminished the relapse index, being much more advantageous of what the privative one of freedom.