A finalidade da pena no Brasil uma contradição entre a teoria e a prática

Abstract

The approach to the purpose of the penalty and its consequences in the current Brazilian prison system concerns the State's action in relation to intra-prison issues. Emphasizing the resocializing and retributive nature of the penalty in Brazilian law, the objective of the present work is to understand if there is in fact the application of the resocializing function of the penalty within the prison establishments, being presented for this, its main aspects and effects in the national legal system. It is an analytical-descriptive research, based on the explanation and classification of the subject in question. By studying the pertinent legislation and using qualitative methodology, the historical aspects of the sentence, its theories, limiting principles and modalities were analyzed. The collected information followed the bibliographic and documentary procedure. The data presented revealed the wide divergence between the purpose of the penalty imposed by the criminal legislator and its implementation in the world of facts. It appears that the current penal system remains closely linked to the beginning of the penalty, since its characteristics are still based on the idea of simple “retribution for evil”.