A ressocialização deficiente dos apenados sob a ótica da superlotação dos presídios capixabas

Abstract

The present work analyzes the ineffectiveness of the resocialization process in the prison system of Espírito Santo, considering overcrowding as one of the main factors for this process being deemed ineffective. This is because, in addition to violating prisoners' rights, it compromises human dignity, a fundamental principle ensured by the Federal Constitution of 1988. Initially, this study aims to present the degrading reality of prisons in Espírito Santo, as overcrowding is a persistent issue in the state's prison system, with prison infrastructure unable to support the number of inmates. The study further explores how this overcrowding affects the resocialization process within prisons, establishing a connection with the phenomenon of recidivism and its high rates as evidence of the process’s ineffectiveness. Subsequently, the work discusses the deficiencies of the prison system concerning the resocialization process and the punitive approach adopted by both the State and society, introducing Gunter Jackobs' theory of the Criminal Law of the Enemy and the mitigation of certain rights of inmates. Finally, the research emphasizes the understanding of human dignity inherent to all individuals and how this principle is reflected in Brazilian legislation, particularly in the Federal Constitution of 1988, as well as debating solutions that could alleviate prison overcrowding and increase the effectiveness of the resocialization process for inmates