For centuries, the purpose of punishment has been as a method of revenge and reaffirmation of state power against the offender of the laws imposed on society, neglecting its duty to reeducate the individual. This article presents a perspective on penalties throughout the history of Law as a means of protecting social and individual rights, demonstrating the importance of alternative sentences and measures as an innovative and restorative element within Criminal Law, listing the main challenges faced in their use, in addition to a quali-quantitative analysis of their applicability within the Brazilian Judiciary, as an effective means for the resocialization of the convict, thus minimizing the existing stigma towards those returning from prison. Finally, it will be demonstrated the great advance and progress from the recognition of the unconstitutional state of things of the Brazilian prison and the consequent incentive to the use of alternatives to punishment as an attempt to mitigate these problems experienced in Brazilian society