Abstract:
The purpose of this study is to understand the penalty in the current Brazilian penitentiary system, and the finalist theory of pen is related to the result of resocialization, a result that due to the failed system is not found. A study of the restrictive pen of freedom as a form of punishment and how it has been applied in Brazil and in the world, how the prison system works and what its failures are, comparing the problems existing in Brazil with those that exist in all the world. In addition, it is sought to achieve with this project an analysis of the law of criminal execution, with its applicability and its flaws, it will be pointed out the injured rights of prisoners and the reasons that lead to the failure of prison rehabilitation. The law of criminal execution has in its theory fundamental principles to guarantee its goal of reintegrating the criminal in society so that it does not commit crimes again, but must be analyzed because in some countries this goal is achieved and how it is achieved and because in Brazil and elsewhere in the world that goal is flawed. To finalize, the work, it will seek to understand how Brazil can change its system so that it has the necessary effects and, consequently, there is a reduction in the national crime rate.
