Penas alternativas: solução para o caos no sistema carcerário brasileiro.

Abstract

The concern with the application of the Criminal law and at the same time a tending appreciation to guide a more human and less repressive aspect of this branch of the Right, guided a tending evaluative vision to brighten up the effect of the application of the penalty. A head of the lastimic situation that if finds the Brazilian penitentiary system and of the atony of the public security, one becomes essential solutions that they aim at to the politics of criminal control. E is with this objective that if bases the present research, to delineate new proposals of solution for the problematic one of the crime, in an escape to the grave criminal repression, through ways that assure the social reinsergao and that if it prevents the restriction of the freedom for less harmful behaviors. It is with sights to these perspectives that will be considered to the application of alternative penalties in some criminal types, not aiming at to solve all the difficulties of crime of the country, but with intention of one it remodels gradual in the criminal system, but always glimpsing the dignity human being and the search of social justice. For in such a way, the bibliographical research is appealed to it, to the legal of exegesis method and the description-evolution, systemize the study in three chapters. In the first one it will be approached privative penalty of freedom, its application and inefficiency, emphasizing the incapacity of this punitive modality in the necessity of the prevention of the delicts and the social harmony. As the chapter will deal with the principles norteato of the modern criminal politics, legislators of a Criminal law of minimalists trends, that is, that it restrains only more serious behaviors and that lesion the essential goods for the society. In the third chapter, in turn, the main focus will be dealt with the work, of the application of the alternative penalties, which are presented as an efficient option to the problematic resolution of the criminal one, however without forgetting the necessary reform it native Criminal Code. Conducting it self thus, the constact of the lack of public politics capable to promote the effectiveness and the dignity normative human being.