Da (dis)funcionalidade da pena privativa de liberdade: uma análise da origem das penas à prisão moderna

Abstract

This work aims to contribute to a critical understanding of the current scenario where is inserted deprivation of liberty. The issue of criminal imprisonment and the means by which it is imposed on the offending individual carries with it a wide complexity. The use of a custodial sentence, while punishing an individual, even if justified by the practice of a crime, must be exercised judiciously, in addition to the crime and its necessary disapproval, we must take into account that we are dealing with a human being, a living reality, with an origin and a history that, through entering the prison system produces reflections far beyond the delinquent, reaches relatives, friends and the society as a whole. Recognized are the nocivities present in the prison and evident are the dysfunctionalities in front of their purposes. In this way, analyzing its conjuncture during of history up to modernity, we hope to discover alternatives that enable the cast out of the imprisonment, always possible, and, in those cases where its imposition becomes indispensable, means by which it can be restricted to the minimum its males. Finally, we not hoped to finish whith as discussions on the subject, but instead stimulate discussion about this.