ENTRE A SUPERLOTAÇÃO E A IMPUNIDADE: OS VERDADEIROS DESAFIOS DO SISTEMA PRISIONAL BRASILEIRO

This study addresses the crisis of the Brazilian prison system, questioning the predominant narrative of "mass incarceration" and focusing on the real challenges that compromise public security and the effectiveness of justice. The methodology employed was documentary analysis and case studies, with a qualitative and descriptive approach. Official data from the National Penitentiary Department (SENAPPEN) and SINESP, academic studies on judicial sluggishness, and illustrative press cases were analyzed to demystify the perception that Brazil "imprisons too much." The results demonstrate that, in proportional terms, the country does not stand out globally in incarceration rates, and that a significant portion of individuals under restriction of liberty are not held in physical cells. However, the structural precariousness of prison units, the ineffective management of resources (with R$ 1.1 billion from the National Penitentiary Fund – Funpen – unspent in the states), and judicial sluggishness (a median of 9 years for the conclusion of homicide cases) lead to high rates of impunity. Additionally, decarceration policies, exemplified by CNJ Resolution No. 474/2022 and by cases of serious crime recidivism, contribute to the perception that crime pays, undermining public trust in the justice system. It is concluded that the central problem is not excessive incarceration, but the ineffectiveness of penal sanction. A paradigm shift is recommended, prioritizing the effectiveness of punishment, the equipping of justice institutions, and procedural celerity to restore social trust and reduce criminality.