The effectiveness of the Brazilian prison system in fulfilling the social function of punishment according to the Brazilian penal law
International Journal of Development Research
The effectiveness of the Brazilian prison system in fulfilling the social function of punishment according to the Brazilian penal law
Received 22nd August, 2022 Received in revised form 14th September, 2022 Accepted 28th September, 2022 Published online 22nd October, 2022
Copyright © 2022, Lucas C. Soares et al. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
This article criticizes the effectiveness of the Brazilian prison system in fulfilling its social function. In order to do so, it engages in a historical journey from the origin of penalties in the Ancient Age, Middle Ages, Modern Age until the present day, using as a guide the recognized works of Michel Foucault and other scholars who share the same Foucauldian principles. The relationship between prison and power that begins the text is mirrored throughout its content in order to solidify the understanding that the prison system reproduces, from one society to another, over time, the same model of repression. The contradictions between the country's legislation on the execution of the penalty and the system's compliance with it constitute the crux of the article, which postulates for a rich and unprejudiced debate with the objective of finding solutions to eliminate the deficits between theory and practice. At the end, the article presents three possible solutions to reduce prison overcrowding, which is considered one of the main problems that deepen the degrading condition of prisoners in terms of human dignity.