Penas restritivas de direitos como instrumento de ressocialização

Abstract

Penalties restricting rights as a tool for rehabilitation. The Penal Code in its provisions as to the forms of imprisonment imposed in addition to the custodial sentence, the fine and penalty restricting law. The characteristic of the penalties restricting rights is its autonomy, which may replace the other, logically given preestablished requirements. It talks about the origin, evolution and function Pen, verifying that which is most suitable for minimalist criminal theory. Explain yourself feathered species present in criminal law, observing the penalties restricting rights for less severe punishments. It addresses the three movements of the criminal policy, praising the Minimum Criminal Law and its guiding principles. Demonstrates to ressocializadora function of penalties restricting rights, with emphasis on its benefits to justify the proposed Criminal Law Min. One can see that the foundation of the duty to punish always accompanied the history of mankind, ie the history of pen has shown changes in the form of punishment, no longer cruel and disproportionate and became more repressive, more humane and committed with their assignments. Thus, the deprivation of liberty is limited to offenders potentially offensive for which there is not yet another repressive form of punishment. It is essential that the penalty to be applied is necessary and sufficient, in that the intervention of the criminal law can allow freedom of the individual, in order to preserve the principle of human dignity. Therefore, we conclude that the order of resocializing penalties restricting rights towards criminal minimalist movement is the best criminal policy to be adopted by a democratic state, because it ensures the protection of fundamental rights.