The rehabilitative purpose of imprisonment and its implementation in Brazil

Abstract

This study analyzes the purpose, efficiency, and effectiveness of custodial sentences in Brazil, highlighting their guarantee-based nature as provided for in Article 33 of the Penal Code and in the Law of Criminal Execution (Law No. 7,210/84). The research, with a qualitative and descriptive approach, employed bibliographic review, legislative analysis, and empirical data collection through a deductive method. It was found that, although the legislation ensures enforcement based on human dignity, the Brazilian prison reality reveals overcrowding, violations of fundamental rights, and the absence of effective reintegration policies. The results indicate that the resocializing function of the sentence depends directly on investments in education, health, work, culture, and social assistance, in accordance with constitutional guarantees. Empirical data demonstrate that access to education and labor activities significantly reduces recidivism rates, evidencing the effectiveness of such measures. The scientific contribution of this study lies in demonstrating that custodial sentences, in order to fulfill their constitutional purpose, must be accompanied by structured public policies, state planning, and social commitment, thereby transforming into a concrete opportunity for reintegration and an effective instrument for reducing crime.