THE PROGRESSION OF THE PENAL REGIME AND CRIMINAL RECIDIFF: CHALLENGES FOR PUBLIC SAFETY

Abstract

This article analyzes the challenges faced by Brazilian public security based on the relationship between the progression of the penal regime and criminal recidivism. Based on current legislation—especially Law No. 7,210/1984 (Law of Penal Execution) and the amendments introduced by Law No. 13,964/2019 (Anti-Crime Package)—the paper discusses the impact of either leniency or strictness in granting regime progression on the effectiveness of sentencing and the protection of society. The research adopts a qualitative and dogmatic approach, including doctrinal and normative review. The study demonstrates that, although progression is a necessary tool for the individualization of punishment and the rehabilitation of offenders, its automatic granting without technical criteria contributes to high rates of recidivism. This reality undermines public trust in the criminal justice system and poses real risks to public safety. The Anti-Crime Package, by reformulating Article 112 of the Law of Penal Execution, brought significant progress by establishing minimum staggered fractions for sentence fulfillment and by reintroducing, on an optional basis, the criminological examination. These measures aim to make progression more rigorous, fair, and compatible with the seriousness of the offense and the offender’s profile. The article concludes that strengthening penal enforcement requires not only legal reforms but also integrated public policies for social reintegration, focusing on education, employment, and post-release support. Regime progression should be granted responsibly, in order to balance the rights of the inmate with the State's duty to ensure collective security.