A Falácia da Ideologia Ressocializadora da Pena de Prisão: Análise do Sistema Carcerário Brasileiro

Abstract

The ideological significance in Brazilian prison system reality, usually, fulfills a purpose only expected in criminal conviction sentencing according to deprivation of freedom. Thus, there is a misunderstandig of the rehabilitation concept withspace not your discourse of application. Because of that, the current research based on literature review method aims to achieve a constitutional reinterpretation of Brazilian criminal system andof its ideological significance, as well as analyzing a review and election of legal goods (bem juridico) that are under the protection of criminal law. The overcrowding and the lack of minimal conditions are clearly shown in INFOPENs numbers, astounding numbers, which provides us an overview of this unfortunate reality. Restructuring this system is only one of the possible solutions to this problem, and, in addition to it, a constitutional review over the entire Criminal Justice is imperious to avoid a sort of segregation that, unfortunately, might be originated by the pacifying instrument itself (the criminal law), with a critical analysis about valuating and electing the legal interests that are legally protected, as well as a new interpretation of the wrongdoing, rejecting the mere comparison between the facts and the cold text of the law once taught by the classical formalistic doctrine, bringing up a constitutional perspective, so that the criminal standards can be examined in a way that takes evaluative aspects into consideration (in a materialistic and guarantistic ways), presuming that although there is, implicitly or explicitly, an attack to the law (wrongdoing), we cant move away from the idea that the agreement must be privileged as a possibility in a matter of solving criminal issues.