As finalidades da pena no ordenamento jurídico brasileiro

Abstract

This work had as study object the ends of the penalty in the native legal system, that has great social relevance, since the Criminal law has understood that its imposition must contain crime, the indices of relapse and decide the serious distortions that involve the public security. Ahead of the considerable utility of the penalty, this study was destined to understand it which is its purposes, for intermediary of its necessary historical and philosophical development through the times, since the primaries until the current days, bringing to bailer its some phases (private revenge, divine revenge, public revenge, humanitarian period and criminological period), that they demonstrate the permanence, since its sprouting, of its vindictive and expiatory character. After, it was discoursed on its conceptualization, through the agreement of some illustrious scholars, as, for example, Damásio de Jesus. Soon, a deepened study of the theories on the purposes of the penalty was made, mainly in the Brazilian legal system (art. 59 of Criminal the Code and art. 1º of the Law n.º 7.210/84), which are, the retributiva, the preventive (general or special, that can be positive or negative) and the mixing (repayment, general and special prevention), without, it is clearly, to get loose itself of the reasons that the scolars had considered to defend these ends of the penalty. At last, for the best understanding of the subject, art was discoursed on the existing species of penalty in our native order, that are privative of fine and right freedom, restrictive, as. 32 of the Brazilian Criminal Code, as well as on the measure of security, that to the side of the penalty, also is about penalties, foreseen in arts. 96 the 99 of the CP. Of this form, the work was carried through in the intention of if to understand which the purposes of the penalty, that if deals with subject of vast relevance for the society that, currently, lives frightened in virtue of the high indices of crime.