Análise sobre o encarceramento na redução da criminalidade

• Autor(a) principal: Petrolino Neto, Alexandre
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36872
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Pena privativa de liberdade; Direito Penal; Sistema prisional; Direitos Humanos; Criminalidade; Deprivation of liberty; Criminal Law; Prison System; Human Rights; Criminality

Criminal law, in particular the custodial sentence, emerged after a movement to reform the justice system, arising from the Enlightenment period and the French Revolution. As a result, in a rule of law, criminal laws were codified and elaborated so that there was a way to prevent crimes, as each citizen would know the consequences of their actions, and thus the custodial sentence was designed in the manner we follow. up to the present day, with some changes. However, for the sentence to be fulfilled, the first modern penitentiaries in the United States of America were designed, with a view to ensuring that the subject who committed the crime, after a period of deprivation of liberty, was again able to socialize. However, over the years, this system began to show some flaws such as overcrowding. More recently, the phenomenon of mass incarceration, which consists of a disproportionate increase in the prison population compared to a period of previous years, has gained prominence. Due to political, social and economic factors. In view of this scenario, data provided by some research bodies were gathered to map the situation of prisons, taking into account structural requirements of the prison, the profile of the prison population, the most committed crimes, shortage of vacancies, etc. Afterwards, ADPF 347 was analyzed, in which the Unconstitutional State of Things of the Brazilian prison system was recognized, consisting of a massive violation of fundamental rights of a large number of people. Finally, possible solutions will be analyzed through public policies, in order to finally verify whether the deprivation of liberty reduces crime