PENAL CONTROL, PUNISHMENT, AND SOCIAL INEQUALITY IN CONTEMPORARY BRAZIL

Abstract

This article analyzes the phenomenon of mass incarceration in Brazil in light of contemporary criminal policy, emphasizing penal selectivity as a structural element of the punitive system. A bibliographic approach is adopted, based on critical criminal law scholars and recent institutional data, to understand how social, economic, and racial factors influence the exercise of state punitive power. The discussion highlights the gap between constitutional principles—such as human dignity and minimal intervention—and the reality of the Brazilian prison system. Brazilian penal policy, largely driven by punitive approaches and the centrality of imprisonment as the primary response to crime, has contributed to prison overcrowding and systematic human rights violations. In this context, the penal system functions not only as a mechanism for crime control but also as a tool of social control. Therefore, the discussion on mass incarceration and penal selectivity underscores the urgent need to rethink public policies, punishment models, and social justice strategies aimed at reducing inequality and ensuring the protection of fundamental rights.