Alternative Sanctions or Punitive Macropsia? The Crisis of Legitimacy of Alternative Penalties in Brazil

Abstract

This article proposes a comprehensive overview of the outcomes of the implementation of alternative sanctions and measures in Brazil, examining whether the objectives of criminal policy over the past decade—particularly the intended reduction of the prison population—have been achieved. The authors address issues such as retribution and prevention in order to assess the legitimacy of alternative sanctions. The study highlights the importance of societal participation and the engagement of social control agents (police, judiciary, and the Public Prosecution Service) as essential elements in reconstructing an effective policy on alternative sanctions. Thus, despite the commendable legislative intent, the system of alternative sanctions is currently facing a crisis of legitimacy.