Falência do sistema prisional no Brasil: o minimalismo como fortalecedor do sistema jurídico-penal brasileiro

Abstract

Presents a reflection on the national prison situation, pointing out its difficulties and challenges. Summarizes the historical development of state punitive power, yet even before it came to be formed by connecting your exercise with the role of human rights as well as the guiding principles of criminal law. Analyzes the implementation of penalties restricting freedom in Modern and Contemporary Age and the consequent birth of prisons, discussing the main prison systems classics. Follow considering theories about the function of the sentence, through the retributive theories, Preventive, Mixed and its variations. Rescues reflection on the crisis of imprisonment, weaving criticism about its unnecessary maintenance, the current prison environment for inmates with low potential harmfulness and presents alternatives to it, showing the correctness of the application of alternative sanctions and the need for maximizing their reach. Stresses the potentiality of Minimalism as an alternative source of inspiration complementary to legislative output criminal and criminal enforcement .