Selective Criminal Law

A historical and social analysis of Criminal Law as an instrument of social division

Abstract

The punitive character of current criminal law has been applied for years in Western history, however, until the present moment it has not been successful in proving its effectiveness in the re-socialization of punished individuals. Inversely, the prison system currently faces an existential collapse filled with rights violation daily and overcrowding, which means that the number of individuals arrested has reached a greater number than that supported, that is: the system is out of control. In this context, it is necessary to question the true interests of the punishment instrument, its usefulness and who it effectively serves and why. The present article aims to analyze such questions, as well as to test the pertinent bibliography to the subject by conducting documentary research undertaken in the city of Joinville, state of Santa Catarina.