THE PENALTY FOR PROVISION OF SERVICES TO THE COMMUNITY AND SOCIAL COSTS

An alternative to the brasilian prison crisis

Abstract

The penalty for community work, also known as community service, is provided for in articles 43 and 46, both of the Brazilian Penal Code, which consists of the assignment of free
tasks, which entitles the prisoner to substitute his or her deprivation of liberty for alternative penalties of right, being the weekend limitation, the provision of services to the community or public entities, pecuniary provision, loss of assets and values, temporary interdiction of rights, in situations where there is no violence, serious threat, in which the defendant does not relapse among other necessary requirements. The purpose of this article is to analyze and demonstrate the possible alternatives for reducing the prison mass in Brazil, since the State is often absent, especially in relation to the situation of the individual sentenced to the closed regime. In this case, the basic fundamental principles are violated, where it will be reported in detail that today the penitentiaries are not serving to resocialize the condemned, on the contrary, it goes against the grain of efforts. The precarious situation of the Dourados Penitentiary System will be reported, with some details of how it works inside the prison.