A correlação entre a classe social e a repressão penal: os reflexos na aplicação da ressocialização

Abstract

This monographic study aims to analyze the correlation between the class social and penal repression: consequences in the application of resocialization. In that meaning, it is primarily discussed about the functions of the penalty in criminal law Brazilian law and penal schools, in order to justify the objects and foundations of Law Criminal, the purpose of the penalty and the perpetrator in the criminal offence. Thus, the problematization resulting from the fallacy of the isonomic discourse in the penal system, since Criminal Law, as a means of power production discourse, constitutes a indispensable predisposition to privilege the interests of the ruling classes, in the which guards from its intervention, behaviors and aspects of its members, thus leading the criminalization process to typical class behavior subaltern social, in addition to reflecting on the failure of the effective application of the resocialization. Thus, it emphasizes that crime is a product of social reaction and the crime a selective and unequal construction. In this context that the control is integrally discriminatory and selective, in which a character majority and ubiquitous criminal behavior, on which they depend mainly on position of the individual socially, it is intended to elucidate the limits of equality provided for in article 5, caput, of the Brazilian Federal Constitution regarding penal repression