PUNIÇÃO E REINCIDÊNCIA CRIMINAL: UM DEBATE ENTRE A JUSTIÇA BRASILEIRA E AS EVIDÊNCIAS CIENTÍFICAS

Abstract

This paper discusses the relationship between criminal punishment and criminal recidivism, analysing the most relevant research on the subject from the perspectives of Behaviour Analysis and Behavioural Economics. The criminal execution policy and the Brazilian popular belief defend that increasing the intensity of the sentence will reduce criminal recidivism and the perpetration of new crimes. This idea is based on the concept of the “economic man”, which states that human beings make decisions based on an analytical calculation of costs and benefits. In the field of Criminology, increasing the intensity of the sentence will supposedly increase the costs of a criminal act. However, scientific evidence from these fields shows a different reality. Changing the intensity of the sentence, in most cases, does not have a significant effect on reducing crime, and in some cases, it can even have the opposite effect. Increasing the likelihood of punishment and applying positive reinforcement to prosocial actions are examples of more effective ways to achieve these goals. According to these data, a review of criminal policies is proposed in order to encourage the use of strategies with a more solid and updated scientific basis.

Keywords: Criminal Recidivism, Public Policy, Behavioral Economics, Punishment