Effects of the Punitive Culture in the Brazilian Prison System and its Ineffectiveness

Abstract

First, a historical analysis of the forms of punishment was carried out, from the Ancient Age to the Modern Age, highlighting the transition from physical punishment to custodial sentences and the origin of imprisonment in society. Furthermore, the Brazilian prison system was also addressed from its inception to the present day, highlighting the problems inherent to it and the reasons for its ineffectiveness. Subsequently, a possible cause for these problems involving the prison system in Brazil was exposed, considering that during the course of the research it was observed that most of these problems began from a punitive culture, which is intrinsic to the Brazilian population. Consequently, it was demonstrated that this punitive logic is only present in society because it is a way of exercising power over someone, establishing a parallel with Foucault's work "Discipline and Punish" (1999). Furthermore, it was also shown that the reasons why there is a greater adherence to the punitive culture are directly related to the country's economic and social situation, as addressed by David Garland's "Sociology of Punishment" (1995). And, in contrast to the punitive logic, the function that punishment has and the importance of observing the Principle of Humane Punishment were made explicit, as well as a more guarantor criminal law to solve the unconstitutional state of affairs experienced, and the overcoming of a punitive culture, resulting in a greater implementation of penal alternatives other than prison as a more humane means of punishment.