OLIVEIRA NETO, F. A.; http://lattes.cnpq.br/2219894636335458; OLIVEIRA NETO, Francisco Assis.
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.