THE INEFFECTIVENESS OF THE PENAL EXECUTION LAW IN THE FACE OF PRISON OVERCROWDING IN BRAZIL

Abstract

This article aims to analyze the ineffectiveness of the Penal Execution Law in the context of prison overcrowding in Brazil, focusing on the protection of the fundamental rights of individuals deprived of liberty. The research was conducted through a bibliographic review, based on legal doctrine, legislation, and official data regarding the Brazilian prison system. It was found that, although Law No. 7,210/1984 establishes guidelines aimed at the humanization of punishment and the social reintegration of inmates, its practical application faces several obstacles, especially due to overcrowding and the structural precariousness of prisons. Furthermore, the Brazilian penal system demonstrates a selective nature, disproportionately affecting socially vulnerable groups and reinforcing existing social inequalities. It was also observed that fundamental rights guaranteed by the Federal Constitution and the Penal Execution Law, such as access to health care, food, hygiene, and legal assistance, are frequently violated within the prison environment. Finally, it is concluded that overcoming this issue requires not only the enforcement of existing legislation but also the implementation of effective public policies, the expansion of alternatives to incarceration, and the restructuring of the criminal justice system, in order to ensure a more just, humane, and constitutionally aligned penal execution.