A cultura do punitivismo no contexto do encarceramento em massa no Brasil

Abstract

The problem of mass incarceration in Brazil is evident; nevertheless, little is said about the source of Brazil’s overcrowding Prison System from criminal prosecution’s perspective. The main objective of the present paper, therefore, is to demonstrate the direct correlation between Punitiveness Culture and the mass incarceration, demonstrating, through a bibliographic analysis of the most relevant literature and the most recent numerical surveys, how the punishment culture is in the center of several issues that contribute directly to the overcrowding of the Brazilian Prison System. From the analysis, it was attested the existence of a criminal prosecution which violates the presumption of innocence, trivializes prison sentences and even preventive detention, and shows the unconcern of the State in solving the chaos of our national prison system. In conclusion, it tried to demonstrate the inefficiency of punitiviness and mass incarceration in reducing the criminality in Brazil.