A eficiência das penas de prisão do Brasil diante dos problemas da superlotação

Abstract

This article discusses one of the worst crises faced by Brazil: the efficiency of prison sentences considering the reality of the prison system in the face of high rates of prison overcrowding, as well as the need for resocialization of the convict. As such, an analysis is made of the constant violation of fundamental principles and rights provided for in the Federal Constitution and of rights provided for in the criminal enforcement law. Consequently, the responsibility of the State in relation to detainees will be examined, since the deficit of vacancies in prisons is associated with the increase in crime, judicial delays, mass incarceration, excess of pre-trial detainees and criminal recidivism. The consequences are diverse and affect directly and negatively both the State and society conditioned to living with non-recovered detainees. The methodology used for the development of the research was through the deductive approach method, with descriptive and explanatory writing. As a research technique, the theoretical and documentary study was used, based on records of scientific articles on the subject and doctrinal foundations, in addition to the analysis of legislation and bibliographic material. It is possible to conclude with the work that the problems that generate the overcrowding of Brazilian prisons are very complex, understanding that the State has the duty to provide the convicts with an adequate prison so that they can fulfill their deprivation of liberty, with the most resocializing character possible.