A Política criminal brasileira: o contexto histórico do sistema penal e prisional à luz das teorias modernas da pena

Abstract

Brazil's criminal policy is configured as a policy that does not meet the demands of society. The criminal justice system, despite its development over the years, still has many flaws that concern both the criminal law in the enforcement of penalties system. The arrests, mostly, are precarious and do not offer the minimum of dignity towards the detainee, so that, throughout its history and considering all periods, not yet achieves its purpose. Penalties and its function can be analyzed and explained from a way of thinking, which is formed by theories, the so-called modern theories of punishment. The Government and the National Congress, play an extremely important role in relation to this criminal justice system and this elaborate setup, so that by creating laws, end up increasing incarceration, setting off a series of negative factors. You can see that the centrality of the application of prison sentences, using this medium as the only way to apply sanctions, did not help to reduce violence and above all, greatly increased incarceration. The prison, leaving the center of punishment, gives opening for a proposed criminal alternatives, which are intended to implement lighter measures for lighter crimes. Thus, the paper analyzes and explains the situation of the penal system as a whole, the brief historical account of the arrests and penalties and criminal policy, which still need to be reviewed and reworked from the perspective of a more humane policy and just before the prison system and its ills.