THE CHALLENGES OF SOCIAL REINSERTION OF PRISONERS FROM THE BRAZILIAN PRISON SYSTEM

Abstract

The present work presented in the form of a scientific article aims to explain the challenges of the social reintegration of former prisoners from the Brazilian prison system, through the analysis of the social function of the sentence, its emergence and evolution in society. The basic constitutional principles of the Brazilian legal system that support the process and execution of the sentence will be addressed, such as: humanity, proportionality, minimal intervention, due process of law, jurisdictionality, legality, real truth, impartiality of the judge, equality of the parties, rational persuasion or free conviction, contradictory, ample defense, initiative of the parties, publicity, officiality, double degree of jurisdiction, isonomy, personalization of the sentence, among others. In addition to the minimum rights provided for in the Penal Execution Law that enable the dignity of the human person and the reintegration of the convict into society, through public policies of material, health, legal, educational, social and religious assistance. In this way, it aims to highlight the failures of the current Brazilian penitentiary/prison system and the high rates of criminal recidivism, as a way of seeking solutions that promote the resocialization of prisoners, who, when released, live on the margins of the community.