The Abstract Punishment and the Concrete Punishment: effectiveness of the structure of the institutional cruelty for the absence of the right

摘要

This article aims to analyze the role of prison sentences and his real execution in the Brazilian jail. The methodology used in this study is based on qualitative analysis, reason why the hypothetical-deductive and dialectical method of historical-logical analysis, by means of primary documentary sources and the review of Brazilian literature. In this way, the authors demonstrate how the absence of the law can generate a cruel system that potentiates the punishment of the imprisoned citizens, since it seems that the jail does not present itself at present as a social instrument more adequate to the recovery of the self-consciousness of the transgressor.