Alternative Sanctions in Historical Perspective, in Rio Grande do Sul and in Brazil

Abstract

This article presents a historical and testimonial account of the implementation of alternative sanctions and measures in Rio Grande do Sul and Brazil, following the 1984 Penal Code Reform. The author, a magistrate who presided over the 12th Criminal Court of Porto Alegre, describes the creation of the country's first pilot project for monitoring Community Service, implemented at the Criminal Enforcement Court of Porto Alegre through a 1987 agreement among the Ministry of Justice, the State Secretariat of Justice, and Ajuris. The article documents the subsequent national expansion of this public policy, including the establishment of the National Centre for Alternative Sanctions — CENAPA — in 2000, and the creation of 28 specialised centres and 3 courts across Brazilian states, funded by FUNPEN. Comparative incarceration data from 1984 to 2024 are presented, revealing a 117% increase in the incarceration rate, and the argument is made that imprisonment does not reduce crime. The article concludes by drawing on insights from neuroscience to explore the possibility of behavioural change among those serving sentences, advocating for a more humane, effective, and economically sustainable criminal justice system.