Abstract
This article aims to relate the theories of punishment, retributive and preventive, with the criminological discourse, and make brief notes about the negative theories and criticism of the sentence. The article begins by making a few notes on the mass incarceration of the phenomenon, then going to discuss and present the form of action of the police state. Then they present the theories of punishment under the critical perspective, and then work the two main critical theories of punishment, thus treating the position Prof. Eugenio Raul Zaffaroni and Prof. Juarez Cirino dos Santos. These presentations and discussions have left the critical discourse, not taking our work as end revisit the theoretical construction of the functions of the pen, just to demonstrate how the discourse of shame built by criminal law legitimizes selective and violent actions of the penal system.
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