Custodial sentence

This dissertation is an interrogation of the status quo that prevails in the legal provision of the main penalties, focusing exclusively on the analysis of the custodial sentence. Starting with some historical scrutiny of the institute of imprisonment, it continues with an analysis of the theory of punishment, openly aimed at answering the question of which of the theoretical hypotheses (possibly) should be used to impose a prison sentence. The work goes on to analyze the prison problem, denouncing the disillusionment that the institute's consecration means in today's Criminal Law, dissecting the inappropriateness of its application, and ending with a proposal for a solution to the problem presented, like a legal-humanist equation.