A falência do sistema penitenciário brasileiro e as penas alternativas.

Abstract

The current conjuncture of the penitentiary system in makes them to reflect on the foreseen forms of punishment in our legal system. Already of it is all proven that the privation of the freedom of the individual, of the form that if gives currently, does not satisfy the objectives of social readjustment, quite to the contrary, the social readjustment is incompatible with the imprisonment. The human and social rupture of the familiar bows and other bonds, the promiscuous and abnormal life in the arrest, the practical homosexual not chosen, but forced, are factors that nothing help in the process of reintegration of the imposed a fine on one the society. Evidenced these facts, it is necessary to make a study in order to search alternatives to this desolating picture. For in such a way, it is inquired: it would be possible to the Brazilian Judiciary Power, before the current conjuncture of the criminal system, to decide itself for reverting the chaos installed in the jails, opting to applying, in place of the alternative penalty, punishments by confinement? It is in this thematic one that the work is developed, approaching the diverse modalities of alternative penalties, as a form to brighten up these problems. The exegetico-legal method will be used in the elaboration of this research, established in the reading and interpretation of the native legislation and referring workmanships to the subject. It will be used, also, the historical method, with the purpose to investigate the origins of the considered problem. With this the objective research to stimulate the adoption of not-privative measures of freedom on the part of the applicators of the right and in general acquiring knowledge the citizens of the benefits for it brought. Of this making, like conclusion, the restrictive penalties of right, while alternative criminal, can be had as a light in the end of the tunnel, an exit for to humanizar of the state punitive system.