The resocialization of incarcerated individuals and the right to education

Introduction

Resocialization is conceived by Brazilian legal provisions as one of the functions of the custodial sentence. However, the serious prison problems faced by Brazil lead us to reflect on

the efficiency of the prison system's actions in the resocialization of incarcerated individuals (BITENCOURT,

2012).

In Brazil, the current reality of prisons makes the process of resocialization difficult and ends up representing

an obstacle to achieving this goal. However, despite the difficulties, the resocializing ideal does not

should be abandoned, but rebuilt, through efficient public policies and prison management

that privileges the guarantee of the rights and assistance recognized in the Penal Execution Law (LEP) and in the treaties

international human rights to which the country is a signatory (BARATTA, 2007; DEPEN, 2016).

Reflecting on resocialization in the prison environment is thinking about possibilities for personal transformation

during and despite serving the sentence. It is necessary to offer persons deprived of liberty mechanisms of

change. Such mechanisms are mainly represented by the guarantee of fundamental rights, providing opportunities for the development of the prisoner and his/her resocialization, minimizing the chances of recidivism

criminal (CARVALHO, 2012; CASTANHO, 2019).

In this motto, since education is a fundamental right, essential to the very existence of the human being

as a social being, being closely linked to the free development of the personality and the dignity of the

human person, acting as a condition for the exercise of all other rights and for the recognition of

individual as a subject of rights, it presents itself as a fundamental element in the socialization

and resocialization of all individuals.