Sistema carcerário e a (im)possibilidade de ressocialização: das “promessas” legais a crise evidenciada

Abstract

The resocializer purpose of punishment throughout history has evolved in order to contemplate both social reality and political reality in the criminal sphere. Since then, numerous attempts have been made to introduce a humanitarian character. Inserted in the Federal Constitution and in the Law on Criminal Executions, the rights of prisoners are prerogatives that must be covered for the effective reintroduction of the individual to society. Having made an exposition about this historical evolution and established the parameters on which the analysis of conduct is based, in our legislation, the present study proposes, through the methods of historical and monographic procedure and the method of deductive approach, to identify the Limits and possibilities of these legal "promises" in the face of the crisis. From there, it is sought to detect the main alternatives currently offered to remedy any disrespect and the decay of the prison system. It is also discussed how the penal institutes of the State of Rio Grande do Sul analyze the importance of prisoners' income in criminal execution, which is done through a study of judgments given in practical cases of the Court of Justice of that territory.