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Abstract
This article deals with the problem of custodial sentences, especially in the Brazilian context, covering the transition from cruel penalties to the theory of criminal proportionality. Added to this analysis is the influence of the Positivist School on the phenomenon of the naturalization of crime and the legitimization of segregation and violation of the victims, which culminated in the phenomenon of subjectivity harassment and the reflexes caused by the prisons. In view of the context, various legal provisions were created to ensure the physical and moral integrity of the prisoners, as well as to safeguard their dignity, aiming at their resocialization. In view of this, there was a contrast between the real objectives of the prison that show their punitive success and their social failure