A ressocialização na lei de execução penal: uma análise crítica a partir da teoria da labelling approach

Abstract

Punishment has always been a discussion topic on many societys. Whether it is to reinforce protected values and prevent generalized desrespect to the norm or simply to hurt the infractors, penalty hasbeen considered essencial to the coexistence in Society. In this sense, imprisonment arises as an alternative to more severe punishings directly against the convict’s life or physical integrity. Later, with the human rights advent, prison got new definitions, been considered also as a space where jailed’s resocialization politics would be adopted. Based on the more humanized ideal of penalty, the Criminal Execution Law began to consider social reinsertion as an objective to be pursued in serving the sentence. However, decades after its promulgation, there are questions about the Brazilian prison system capacity to really effect resocialization. Based on this, the aim of this work is to analyze how the Criminal Execution Law approuches resocialization, inquiring what tools it regulated in the pursue of this objective, and understanding how it’s recepcion in the legal order started with the 1988 Federal Constitution happened concerning the penalty finalitys. This work also aims to study the Brazilian prison system’s level of effectiveness, it’s general conditions and it’s impact in resocialization and in the stigma construction. Concerning the stigmatization process, it was analyzed the labelling approach theory, aiming to study this topic from the perspective of Criminology. In order to achieve it, it was used bibliographical and legislative analysis, besides the statistic data analysis. Finally, it concludes that the Criminal Execution Law politics’s lack of effect is constructing a dehumanization enviroment in jail that makes resocialization a far ideal and helps to reinforce the prisoner stigmatization.