Biasus, Alessandra ReginaDezan, Dilene2024-03-042024-03-042021https://repositorio.uricer.edu.br/handle/35974/571The Penal Guarantism emerged in Italy in the 70s, which was systematized by Luigi Ferrajoli in his work named Diritto e Ragione. This current of thought addresses the defendant as the weakest part in the criminal procedural relation, supporting that the offender didn’t have the opportunity of growth in life, remaining only the delinquency as a way of subsistence. The criminal practices the social justice through crime. Due to the fact that the Guarantism sees the figure of the offender through ideological influences, it doesn’t believe in the effectiveness and in the need of penalty. On the other hand, there are people who defend an Integral Penal Guarantism, which appreciates the defense of the accused’s rights and fundamental assurances in the procedural relation, while it also recognizes the victims and society rights, looking at the process with balance and the accused’s non exasperation. In addition, due to the crimes undertaking, there is the penalty role in our legal framework, which has evolved over the years, having a preventive and retributive character. Many reparable opportunities are given to the accused without the need of prison, depending on the imposed reprimand. The regime progression is another way of reducing the condemned total time of reclusion. Thus, evaluating the crime rate in Brazil, low number of offenses elucidation, a data analysis is developed, aiming to determine if there is a massive imprisonment in Brazil. For this purpose, the technique of bibliographic and documental research through books and legislation consultation, the inductive approach method and the analytic descriptive procedure method were used.pt-BRDireitoGarantismo penalEncarceramentoTrabalho de Conclusão de Curso