THE CURRENT BRAZILIAN PRISON SYSTEM AND THE IMPOSSIBILITY OF RESOCIALIZATION OF PRISONERS

Abstract

The objective of this study is to address the Brazilian prison system and the impossibility of reintegrating prisoners into society. In this sense, the Penal Execution Law (Law No. 7,210/84) contains all the guidelines, principles and rights that need to be observed and guaranteed for the benefit of prisoners. However, the reality is far from what is expected, given that the Brazilian prison system lacks the structure and mechanisms to grant these rights. In this context, the following problem arises: does the Brazilian prison system, under its current format, guarantee the fulfillment of sentences in a legal and humane manner, leading to a process of reintegration of prisoners into society? Thus, the hypothesis is presented that there is a clear fallibility on the part of the State in the execution of sentences, making it impossible to grant fundamental rights and reintegrate prisoners into society. The general objective of this research is to demonstrate that the current Brazilian penitentiary system makes it impossible to reintegrate these individuals into society after serving their sentences. Furthermore, the specific objectives are to analyze the details contained in the LEP, research the application of the principle of human dignity in the context of criminal execution, understand the issue of recidivism and the need for new proposals for social adaptation for the purpose of serving sentences. With support from all the aspects presented, it is consistent with the position that the current Brazilian prison system does not provide access to the basic rights contained in the 1988 Magna Carta, for the benefit of prisoners. Regarding the methodology adopted for the purposes of preparing this study, bibliographical, doctrinal and jurisprudential sources were used, and this is descriptive research, endowed with qualitative criteria and showing itself to be predominantly theoretical.