O caráter perpétuo das penas de longa duração no Brasil: crítica ao aumento para 40 anos do cumprimento da pena privativa de liberdade promovido pela lei 13.964/19 (Pacote Anticrime)

Abstract

The present work has as object of study the emergence of the custodial sentence and its social function, comparing the characteristics of its application in Brazil and some European countries, as well as in the United States, a country with the largest number of prisoners in the world, using as a parameter the Brazilian criminal policy in the face of the protection and guarantee of human rights, with regard to mass incarceration and its perpetuity, with a focus on increasing compliance with the custodial sentence promoted by Law 13,964/2019 (Anti-Crime Package). Analyzing, from the constitutional and infraconstitutional point of view, as well as through the application of international treaties, the application of the long-term custodial sentence in Brazil, to enter into the increase of its compliance promoted by Law 13.964/2019 (Anti-Crime Package) demonstrating that its use en masse without guaranteeing the social rights of prisoners characterizes the perpetuity of its compliance.