A atual conjuntura do sistema penitenciário Brasileiro á luz das medidas cautelares alternativas á prisão.

Abstract

The penalty sytem, since the state call-back of the power-duty of punishing the ones who violate the penalty rules, matters as one of the most relevant social-legal issue to many knowledge areas; besides being specially interesting to the current legal scene. The present monographic paper has as objective to answer the following question: Is there legal possibility of applying alternative precautionary measures to the pre-trial detention in order to considerably contribute to a decrease in the number of prisoners who overload brazilian prisons? Therefore, given the question, it is pointed out, general objective title, the analysis of the alternative measures effectiveness on the procedural detention on brazilian legal system context. In turn, these are the specifical objectives: to realize an approach above the penalties and the main penitentiary systems origin and evolution; to verify brazilian penitentiary system current conjuncture, giving priority to the study of the overcrowding problem; to identify the legal feasibility of the alternative precautionary measures to detention and the consequent materialization of the pre-trial detention as ultima ratio. Aimming to achieve the planned objectives, it is used the hypothetical-deductive approach method, in which the judgments, formatulated given the hypothesis of the no. 12.403/11 Law contribution to the decrease in the number of temporary prisoners, project the premise that deduct the profile of the brazilian criminal procedure reality. Given this, under empiricism use, it is made the analysis of the research made by the National Penitentiary Department. The research presentation is beyond a dogmatic analysis, pursuiting a legal and doctrinal alliance, besides statistical datas about the dealt question, concluding, in general, for the effectiveness of the alternative measures.