Sentence Commutation in Brazil

Fundamentals, Applicability And Impacts on The Prision Sistem

Abstract

This paper aims to analyze the pathways and criteria for granting sentence commutation in Brazil, reflecting on its function within the penal system and its impact on social reintegration. Initially, the legal and procedural requirements that guide the granting of commutation are presented, highlighting the importance of the convicted person's compliance with objective and subjective conditions. The study then addresses the relevance of public policies, highlighting how prison resocialization and education programs strengthen the effectiveness of this institution, contributing to reducing recidivism. Furthermore, the public perception of commutation is discussed, analyzing how social legitimacy influences its application and the public's trust in the justice system. Furthermore, the legal framework is detailed, showing how current legislation seeks to balance security, justice, and humanity in criminal execution. Finally, international parallels are presented, allowing for the identification of best practices that can improve commutation in Brazil. Thus, it concludes that, although challenges exist, commutation represents an essential instrument for humanizing sentences and promoting social reintegration in a fair and effective manner.