VIOLATION OF HUMAN RIGHTS IN THE BRAZILIAN PRISON SYSTEM AND THE INCREASE IN CRIMINAL RECIDIVISM RATES

Abstract

This study analyzes human rights violations in the Brazilian prison system and their relationship with the increase in criminal recidivism rates. The Brazilian prison system faces a serious structural crisis, characterized by overcrowding, precarious physical conditions, lack of adequate assistance, and insufficient public policies aimed at the resocialization of inmates. Although the Federal Constitution and the Penal Execution Law guarantee fundamental rights to persons deprived of liberty, these guarantees are not fully implemented in practice. In this context, the absence of educational, professional, and post-release assistance programs compromises the process of social reintegration and contributes to the return to criminal activity. Criminal recidivism should therefore be understood not only from an individual perspective but also as a consequence of structural and institutional failures within the prison system. The research was conducted through bibliographic review, based on legal doctrine, legislation, and institutional reports, allowing an understanding of the relationship between human rights violations and the ineffectiveness of the resocializing function of punishment. It is concluded that the absence of effective public policies and the degrading conditions of the prison system directly contribute to increased criminal recidivism, highlighting the need for structural reforms that ensure respect for human dignity and promote the effective social reintegration of inmates.