FROM THE BAN ON CRUEL PUNISHMENTS TO THE CRUEL REALITY OF MASS INCARCERATION

Abstract

The article discusses the evolution of punishment, focusing on the analysis of cruel sentences and the complexity of this issue, including the analysis of “Arguição de Descumprimento de Preceito Fundamental” (ADPF) n.º 347. In this sense, through the use of bibliographic research methodology, based mainly on a review of the literature on the subject, it was observed that torture and cruel sentences have faded as primitive practices, but permeate unsanitary prisons with precarious conditions for serving custodial sentences in the Brazilian criminal justice system.