A função preventiva da pena e a lei de execução penal brasileira sob a ótica do regime aberto

Abstract

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.