O mito do encarceramento excessivo: uma visão realista sobre o sistema carcerário brasileiro

This article analyzes the problematic about the numbers that inflame the Brazilian prison population. First, by examining the data made available by official agencies, it is explained how such expressive but mistaken numbers of the prison system were raised. This study also discusses the institution...

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Bibliographic Details
Main Authors: Lima, Raimundo Márcio Ribeiro, Maia, Eduarda Viana
Format: Article
Language:Portuguese
Published: 2020
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8112862
Source:Revista de Direito, ISSN 2527-0389, Vol. 12, Nº. 2, 2020, pags. 1-35
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Summary: This article analyzes the problematic about the numbers that inflame the Brazilian prison population. First, by examining the data made available by official agencies, it is explained how such expressive but mistaken numbers of the prison system were raised. This study also discusses the institutional aspects of the problem, in which complex dilemmas are involved, such as the omission of the Public Power, the biased public debate and the incongruous criminal legislation. It is also noteworthy that the wide adoption of alternative penalties, which reaffirms the exceptional application of the custodial sentence in the legal system, shows that, in Brazil, the image of a prison country does not find support in the legal reality itself. Finally, it is concluded that the very low rate of resolution of serious crimes generates impunity and, consequently, more crime and violence in the country.