As mazelas do sistema carcerário brasileiro e os desafios da função ressocializadora da pena.

Abstract

A form of time, if long as social norms generate, which upon arrival evolved into the exclusive penalty of freedom as prevailing social control. The Penal Code adopts a mixed theory as to the purpose of this penalty, indicating that prevention of Brazilians, prevention and resocialization of Brazilians must be sought. However, the current prison clearly indicates the lack of concern with the question of reintegration, the condemned in a way considered inhumane, the consideration of fundamental rights guaranteed by the Federal Constitution, as well as the Penal Execution Law. The crisis of the penitentiary system is a negative aspect due to prison overcrowding, lack of physical structure, unhealthy environments, lack of health care and education, which contribute to the prisoner living in cruel conditions and further favoring recidivism. Both the State, as importantly, have a role in the reinsertion of the penalty in order to promote their physical and moral society. Faced with this inhumane scenario, the following question arises: Is it if the penalty is fulfilling its social role of resocialization? It is noted to portray the theme for portraying the prison reality, being of national reflection and pointing out problems that must be faced by the State and by society, to guarantee mechanisms for the reintegration of the social environment. As the method of approach will be used deductive, the method of procedure will be qualitative and the research technique will be exploratory, documentary and bibliographic.