The Rehabilitative Function of Imprisonment

Theory versus Practice

Abstract

The resocializing function of deprivation of liberty is intertwined with the analysis of the prison environment and the fundamental constitutional principles of the human person. This is because, when studying deprivation of liberty and the Brazilian prison system, it is noted that normative theory and practical reality do not align. According to international and national legislation, deprivation of liberty, among its many functions, must fulfill a resocializing role. However, the practice reveals itself to be quite different, and this function of the penalty has not been fulfilling its purpose, failing to provide minimum conditions for the inmate's social reintegration. In this sense, the relevance of this study is based on the need to identify the real conditions that the prisoner endures in the Brazilian prison environment, as well as the repercussions this reality causes in the prisoner's life, their family's lives, and in society. Furthermore, it is essential to identify the role and obligation of the State to ensure a healthy prison environment and provide conditions for social reintegration. If constitutional guarantees are not enforced in the prison environment, the system will perpetuate the ineffectiveness of deprivation of liberty sentences, which have been suffering from various inadequacies. It is concluded that the current model is flawed and that structural measures must be adopted so that the penalty can minimally fulfill its resocializing function.