The functions of punishment in the brazilian legal system: between resocialization, prevention, and retribution

Abstract

Criminal punishment occupies a central position in the justice system, but its legitimacy depends on the purposes attributed to it and on the constitutional limits imposed on punitive power. This article examines how Brazilian law combines retribution, prevention, and social reintegration by confronting legally declared purposes with contemporary evidence on penal enforcement. This is a qualitative, bibliographic, and documentary study based on an analytical review of articles indexed in academic databases and on official sources, especially the Federal Constitution, the Penal Code, the Penal Enforcement Law, the National Council of Justice, and SISDEPEN. The findings show that Brazilian law adopts a plural conception: Article 59 of the Penal Code links sentencing to reproach and prevention, while the Penal Enforcement Law incorporates the social integration of convicted persons. However, overcrowding, the shortage of prison places, and the still limited coverage of work and education undermine positive special prevention and social reintegration. Empirical studies also show that recidivism is multifactorial and cannot be reduced to the individual choices of former prisoners. The study concludes that legitimate punishment requires proportionality, respect for dignity, reduction of institutional harms, and reintegration policies that extend beyond prison, together with rational use of incarceration and stronger non-custodial alternatives.