The myth of prison as a historical phenomenon of humanization of punishments

between protection and violation of fundamental personality rights

Abstract

This article addresses the history of prison as a punitive method, starting from the following question: can prison be considered an institution that put an end to cruel punishments? It is customary to state that prison emerged as a punitive method from a historical process of humanization of punishments, leaving behind degrading and cruel punishments (such as torture). This view even contributes to the hegemonic maintenance of prison as a punishment. Based on the hypothetical-deductive method, and using a bibliographical review, this premise is confronted in this work, both from the history of prison itself, and from an analysis of the material and concrete conditions of prison, especially in Brazil. In the end, it is concluded that prison emerged not only from a process of humanization of punishments, but especially and more predominantly, from the establishment of a new mode of production, which, combined with the current state of prison in Brazil, dispels the idea of ​​prison as a punishment that reflects greater protection of fundamental personality rights.