A função preventiva da pena e a lei de execução penal brasileira sob a ótica do regime aberto
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Data
2021-10-11Autor
http://lattes.cnpq.br/1661904125813458
GALÚCIO, Ana Paula Pereira
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Penalty has always been present throughout history, in line with the organization of
social groups. From the primitive forms of application, to the modernized system that
is known today, it has taken on the most diverse purposes, and currently, in Brazil, it
has a triple function: to repay for the unjust that occurred; prevent the occurrence of
future crimes; and resocialize the offender. Therefore, this paper aims to analyze the
concept of the preventive purpose of the penalty and its applicability/effectiveness
within the legal guidelines established by the Penal Execution Law, with a focus on the
open compliance regime. In order to understand this issue, a bibliographic review will
be used, based on the analysis of laws, jurisprudence, books, articles and texts of a
scientific nature produced on the subject of Criminal Execution, the guidelines of each
regime for serving a sentence, studies on the theme of the function of the penalty and
its role over time, as well as quantitative data will be collected in public information
systems relevant to the prison system referring to the State of Pará. It is observed,
therefore, that failure to fully comply with the legal provisions provided for in the
Criminal Execution Law jeopardizes the fulfillment of the preventive function aimed at
by the penalty in the Brazilian legal system, as the progression system is not
implemented, fostering the discrediting of the penal system and the recurrence.