THE JUS PUNIENDI LEGITIMIZED BY THE GUARANTOR PARADIGMS OF CRIMINAL LAW IN THE FACE OF THE ILLS OF OVER-INCARCERATION

Abstract

This article addresses the legitimacy of state punishment in light of constitutional guarantees, focusing on the challenges posed by superincarceration in the Brazilian prison system. Analyzing the contributions of Luis Prieto Sanchis, the research explores the relationship between punishment and constitutional rights, emphasizing the importance of a justice system that protects fundamental rights. It presents as tools to mitigate superincarceration, including in Rondônia, the paradigms of harm reduction and Restorative Justice. The methodology includes a literature review to assess the current state of the legitimacy of state punishment and potential paradigmatic alternatives aligned with constitutional principles. The method is deductive. The topics discussed in the sections address the challenges of superincarceration, the impact of punitive measures on society, leading to the conclusion of the need for fair and equitable punitive practices, and the exploration of alternatives such as harm reduction and Restorative Justice applicable to the field of Criminal Law.