Applicability of the penalty and its resocialization inefficiency before the criminal execution

Abstract

This scientific article aims to discuss the applicability of the penalty in its punitive and resocializing character. Analyze the definition of penalty and its evolutionary development over time. To point out the constitutional support in the face of the application of the penalty and the rights and guarantees of convicted individuals. Observe the functions that the penalties have before the criminal conducts. Point out the relations of applicability of the penalty with the precepts of the Penal Code (Decree-Law No. 2,848/40) and its effective execution under the Criminal Enforcement Law (Law No. 7,210/84). To highlight the species of penalty and their individual application on criminal offences in the specific case. To investigate the situation of the patients in the fulfillment of their rights during the prosecution, in the course of the criminal procedural trial and in the execution of the sentence with their respective sentences. Understand the execution of the sentence and its resocializing effects on the inprison.