Reincidência: das raízes positivistas a uma política redutora de danos

Abstract

The present work has as its central element the institute of criminal recidivism, in order to investigate its origins, its incorporation into the national order, its effects and its application. In this vein, it will be demonstrated how its nature, founded on the Positivist School of punishment, was incorporated into Brazilian legislation as a culture incompatible with the Criminal Law of Fact, defended due to the dangerousness of the agent. Through this, it is intended to demonstrate how recidivism has impacted not only on the setting of the sentence, but also hindered several rights during prosecution and criminal execution. Therefore, the objective is to point out how the institute has reinforced the selection and desocialization of subjects, having as a point of analysis the empirical research carried out in the “Programa de Inclusão Social de Egressos do Sistema Prisional” (PrEsp), at the Governador Valadares Unit, with the recidivist public registered in 2021. In the end, therefore, the work proposes to justify a new horizon of application of recidivism, regarding the repositioning of the aggravating circumstance in the mitigating pole, in a position to reduce the damages caused by the labeling and the punitive violence of the penal system.