DEPRIVED LIBERTY PENALTIES: AN ANALYSIS FROM THE PERSPECTIVE OF ITS REAL EFFECTIVENESS

Abstract

This article aims to work on the phenomenon of the effectiveness of custodial sentences, with greater emphasis on the retributive purpose inflicted on the convict, in the molds brought by the Penal Code, Penal Execution Law and through doctrinal teachings. Thus, in conducting this investigation, we aimed to analyze and understand the difficulties in the process of resocialization of inmates based on the Brazilian prison system. Based on the general objective, we list the following specific objectives: i) to carefully examine the rights of those who are serving a custodial sentence under the eyes of the Federal Constitution and the Penal Execution Law; ii) indicate the factors that hinder the process of reintegration of the convict into a social environment. The methodology of this research is based on bibliographic studies, using books and articles and based on the contributions of Nucci (2017), Bittencourt (2022) and Mirabete (2018).