As finalidades da pena de prisão e o direito à educação no Brasil: uma análise da efetividade da execução penal frente à finalidade ressocializadora

Abstract

The present work presents an analysis of the impact of the right to education as an instrument to implement the resocializing purpose of the prison sentence, within the scope of Brazilian criminal execution. Starting, initially, with an analysis of the prison sentence over the years, one can have a vision of the construction of the sentence throughout history, passing through the retributive purpose that predominated throughout the ancient and middle period, reaching the modern period, where the first prisons with characteristics of serving the sentence began to appear in response to the exponential increase in crime, as well as to take advantage of the cheap labor that the offending agent could offer, until arriving at the contemporary period, where the purpose of the sentence , under the influence of Enlightenment ideals, starts to encompass the aspects of the preventive purpose concomitantly with the retributive purpose. Then, after analyzing the theories that discuss the purpose of the prison sentence, noting a clear division between the absolute theory (where the sentence only serves to repay the damage caused) and the preventive theory (where the sentence exists to avoid new crimes, which may affect both the offender himself in the special modality, and before society in the general modality), it is concluded that the Brazilian legal system fits into the unifying theory of the penalty, as it has characteristics of both the absolute theory and the of the preventive theory. In the end, after having been clarified that the right to education is presented, in the current constitutional order, as a subjective public right in the form of social assistance right, pointing out, still, that there is in the Penal Execution Law express provision of this right to the convict, a correlation was found between the right to education and the effectiveness of the re-socializing purpose of the penalty, as the offender who has access to the right to education finds it easier to reintegrate into society after leaving the prison.