THE BRAZILIAN PRISON SYSTEM: ANALYSIS OF THE EFFICACY OF THE APPLICATION OF THE SENTENCE

Abstract

This work aims to analyze the effectiveness of the application of custodial sentences in Brazil, focusing on the historical context, updated and concrete data, such as those from the first half of 2024 provided by SENAPPEN (National Secretariat for Penitentiary Policies), as well as practical cases such as the Carandiru prison. The research adopts an exploratory and descriptive approach, based on bibliographic and statistical searches, including scientific articles published between 2018 and 2024. A Boolean search was conducted on Google Scholar, Scielo, and Jusbrasil using terms such as custodial sentence, application, statistics, and effectiveness. Additionally, legislation and SENAPPEN data were analyzed. The results highlight substantial challenges to achieving the effectiveness of custodial sentences, with a focus on internal and external factors such as infrastructure, violence, riots, criminal organizations, selective incarceration, and obstacles to general resocialization—factors that undermine social reintegration, which is the ultimate goal of sentencing. Thus, at the end of the analysis, it will be possible to conclude whether custodial sentences fulfill their social function concerning the rehabilitation of the offender.