THE FAILURE OF RESOCIALIZATION IN BRAZIL: THE COLLAPSE OF THE PENAL EXECUTION LAW

Abstract

This article analyzes the Brazilian Penal Execution Law (LEP), discussing its inefficiencies and the concept of the "unconstitutional state of affairs," as declared by the Brazilian Supreme Court in 2015. The research examines the structural failures of the prison system and the disregard for the fundamental rights of inmates, which compromise human dignity and the resocializing purpose of the penal sentence. Through a critical review of current policies and a comparative analysis with international prison systems, this study presents reform proposals and discusses the State's role in overcoming this institutional crisis.