Da seletividade do direito penal brasileiro e a falência do sistema penitenciário nacional

Abstract

The Brazilian Penal System treats citizens equally only in the formal law. Criminal Law ends up presenting itself as the science of social control, reproducing a system of power, and the Selectivity of the Brazilian Penal System is one of its purposes. Such selectivity corroborates the establishment of the National Penitentiary System's Bankruptcy, with the loss of control of the internal spaces for Criminal Factions and consequent impotence to curb massacres such as occurred in early 2017 in the city of Manaus-AM. Through an explanatory, bibliographical and documentary research, using as a method of dialectic approach, this dissertation intends to investigate the reality, that is, the selective criminal system and its consequence, the bankruptcy of the Brazilian penitentiary system, in a relation of cause and effect, with the consent of society and the Public Power, in a scenario that violates Human, Constitutional and Procedural Rights since before the promulgation of our Constitution in 1988. However, there is hope and methods for reversing this Penitentiary framework, with the Association of Protection and Assistance to the Convicted-APAC being a method for the execution of the sentence that is efficient and capable of meeting the legal and social objectives, being already used with absolute success in the State of Minas Gerais.