40 Years of the penal execution law: advances, setbacks, and current challenges

Abstract

The Penal Execution Law (Law No. 7.210/1984) marked its 40th anniversary in 2024. Since its enactment, it has undergone several amendments, some promoting progress, while others have imposed setbacks that restrict the fundamental rights of individuals serving custodial sentences. However, despite being provided for by law, these advancements are difficult to implement, whereas regressions are easily enforced due to a penal rationale dating back to the late 18th century, which regards imprisonment as the primary form of punishment within the punitive system. The main challenge today is to break away from this punitive logic that favors mass incarceration and hinders the implementation of effective penal alternatives. As long as the criminal justice system remains focused on repression and social exclusion, violations of fundamental rights and the unconstitutional state of affairs in Brazilian prisons will persist.