A falência da pena privativa de liberdade e aplicação de penas alternativas como forma de reintegração social do apenado.

Abstract

Irrefutable truth is recognized bankruptcy of the privative penalty of freedom. To the side of this lamentable evidence, paradoxically, one meets another reality, which not less preoccupying is the possibility shyly explored by the Brazilian judges in the application of the penalties and alternative measures. Thus, it agrees to investigate the reason of the sub utilization of the alternative penalties, before the evidences of the ominous effect of the jail. In this direction, to analyze the contradictory criminal politics Brazilian face to the innovations of the ideological trends of the criminal minimalisme, wide spread out, as efficient in the criminological studies it will be the general objective of this work. For its turn, they are objective specific: to appraise penalty, tracing a historical linking concerning its evolution; to discriminate the species of alternative penalties and the estimated ones of applicability demanded by the criminal law for the effective application of this type of sanction; to investigate the mitigated use of the alternative penalties, in counterpoint to the application without measure of the privative penalty of freedom. For such desideratum, the methods will be used exegetic-legal and systematic, assisted for the historical method; using the technique of the bibliographical research, by means of the analysis of doctrines, articles, thesis, laws and still of statistical data that base the study. Ahead of the presented objectives, it is arrived the following problem: It has sub utilization of the alternative penalties on the part of the judges, going deep the problem of the bankruptcy of the Brazilian jail system? The positive hypothesis was confirmed, before the evidence of that the profile contradictory criminal politician and the stimulation of the media to the imprisonment is factors that inhibit the magistrate, in the discretionarity edge that the law it grant, when of the possibility of substitution of the privative penalty of freedom for another reproach of diverse nature. Thus, the present work concludes to exist a shy application of the alternative penalties, having this partner-legal picture to be modified as form of if guaranteeing the obedience to the principles constitutional that guide the application and the execution of the penalty, as form of if searching sensible alteration in the Brazilian legal-criminal scene.