THE TENSION BETWEEN RESOCIALIZATION AND PUBLIC SAFETY: A CRITICAL ANALYSIS OF THE LEGISLATION ON TEMPORARY LEAVE IN BRAZIL

Abstract

This article sought to analyze the complex relationship between the granting of temporary furloughs to inmates in the Brazilian prison system and the demands of public safety, with an emphasis on the need for a critical review of the legislation, particularly after the enactment of Law No. 14,843/2024. The aim is to investigate whether the current legal framework manages to adequately balance the imperatives of resocialization of prisoners with the protection of society. Using a mixed methodology combined with qualitative analysis of doctrine, case law and cases of media repercussion with quantitative analysis of statistical data on evasion and criminal recidivism during the enjoyment of the benefit. Although temporary exits are valuable tools for social reintegration, the recent legislative change, by drastically restricting their application, may represent a step backwards in terms of fundamental rights and the very purpose of resocializing the sentence. It is argued that maintaining the institute, coupled with strict evaluation and monitoring criteria, would be more in line with the constitutional principles of human dignity and the individualization of punishment than its extinction. The conclusion is that there is an urgent need for an in-depth, evidence-based debate on the reform of the Penal Execution Law, suggesting that future research explore the psychosocial impacts of the measure on inmates and society.