A omissão estatal na assistência ao egresso e seu reflexo na reincidência penal.

Abstract

The recidivism is an aggravating factor in the society, which it is noticed that in the majority of cases, the crimes are committed by former inmates. Since this is the final stage passed by the convicted in accordance with the Penal Execution Law, in theory, this individual was supposed to be ready to return to society, by the resocializing character of deprivation of liberty penalty, besides the assistance granted to it by the State, in the prison environment, and extending itself to the period after getting out of the prison. However, what is clear is that, actually, nothing happens, the Brazilian correctional system is precarious, the assistance is not properly implemented, so that the objective formerly listed in the Penal Execution Law is far from being achieved, which is the reintegration of this individual into the world in society. This study is developed surrounding a historical approach of penalties, since its inception in the early human settlements until the present day, taking in consideration its intended purpose; it also aims to explore the development of the Brazilian Penal Execution Law and all the obstacles it had been through until it was sanctioned in 1984. Along the study it is also considered the main deficiencies inherent to the Brazilian correctional system, factors that influence in the reeducation of the inmate, i.e. the issue of the overcrowding as the trigger of other problems. In addition to it, the problem of recidivism related to former inmates is discussed taking in consideration the factors that influence the committing of new crimes, shortly after its release from prison, so that the abandonment by the State and the contact of the recently released with the world out of bars, are primary causes of recidivism.