A execução penal na contramão do estado democrático de direito: crise permanente do sistema carcerário

Abstract

The main objective of the present work was to demonstrate, through the fruits of the current prison system, the need for an urgent change in the penal system and in the State's punitive power, in order to make it possible to reduce the increasing number of Brazilian crime, consequently, the violence present in society. The study carried out lists the main problems found inside prisons, but focuses mainly on revealing that the true punitive and criminalizing control, which occurs even before the imprisonment of the individual. Therefore, it is demonstrated, that the omission of the Public Power concerning the reduction of social inequality and in the investment of public policies, with the increasing number of prisoners deprived of liberty, is indissible, and for this reason, the prison overcrowding occurs, which is nothing. it is more than a sequel to that system. The method used in this work was deductive, with the objective of bibliographic research. To this end, a survey of the state of the matter was carried out by means of a bibliographic review on the subject, including: legal works, scientific articles, the Federal Constitution and the main constitutional principles, in addition to the Universal Declaration of Human Rights and information websites of ESPEN- Escola of Penitentiary Training and Improvement.