Pena privativa de liberdade e ressocialização: a efetividade da função ressocializadora no ordenamento jurídico brasileiro

Abstract

This monograph aims to examine the effectiveness of the rehabilitating function of the punishment in Brazilian legal system, with emphasis on the applicability of this institute in the city of Marabá/PA, given that currently in our legal system the main function of the penalty desired by Criminal Law is the rehabilitation of the convict, according to articles 1 and 10 of the domestic Penal Execution Law, whose understanding is that the penalty should provide conditions for the harmonious social integration of convict and internee. Thus, throughout this work will be drawn a historical overview of the functions of the penalty over time, through the retributive or absolute theories, until reaching the preventive or relative theories, emphasizing the positive preventive function of punishment (rehabilitating function). At the same way, it’ll be drawn a parallel between the theory of rehabilitating function of the punishment and its practical applicability, before the fact that our current prison system, it seems, is only performing the requite function and even with little efficacy, due to the current reality of Brazilian prisons. That fact causes difficulties in the life of convicts and ends up interfering in a real social reintegration of them. Finally, it will also be studied some practical examples where we can observe the effectiveness of rehabilitating function of deprivation of freedom in some areas in our country.