Famílias punidas: as repercussões da prisão em relação ao princípio da pessoalidade da pena

Abstract

The Principle of Penalty Personality, provided for in article 5, XLV, of the Federal Constitution of 1988, establishes that the penalty cannot exceed the person of the convicted (BRAZIL, 1988). However, the punishment of third parties occurs in an indirect way, noticeable when observing changes in the family's routine, from the moment that a family member is inmate. This article aimed to analyze the impacts of the effects of the sentence, experienced by the detainee's family members, in face of the Principle of Penalty Personality. A study with qualitative methodology, using bibliographic and documentary review as a technical procedure. The findings point to sanctions experienced by families in the economic, psychological and social spheres as the most frequent. It was also noted the obstacles experienced by family members during visits (common and intimate) and to obtain prison aid, in addition to the analysis of the possible contributions of the application of alternative means of punishment.