Abstract

This article has os its theme the analysis of the effectiveness of the purpose of the penalty, according to the theory adopted by the penal legislation in force, given the current situation of Brazilian society. For this purpose, the work has as generais objective to verify if the purpose of the penalty is effectively achieved in our current society and, as specific objectives, the analysis of the different theories of the purpose of the penalty, its framing in the penal legislation in force and the reflexes in the society contemporary. The applied methodology was bibliographic research, using the hypothetical-deductive approach method. The concepts listed demonstrate that the mixed theory of the purpose of punishment adopted by the national legislator is the one that best meets the fundamental principles of the dignity of the human person. However, due to several problems, the purposes of the penalty, especially the preventive one, are not reaching full effectiveness in our current society.

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