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The purpose of this essay is to reflect on the failure of the Brazilian penitentiary system, which, in addition to failing to achieve the intended purposes of carrying out the criminal sentence, currently consists of a striking affront to fundamental rights and guarantees. Despite numerous criticisms of privatization, it consists of a possible solution, as will be analyzed. The research was developed through bibliographic analysis, data collected and presented by the National Council of Justice, the historical-evolutionary method was used in conjunction with the dialectic through dialogue between the transformations of the penalty and the reality.

A FALÊNCIA DO SISTEMA PENITENCIÁRIO BRASILEIRO: UMA REFLEXÃO SOBRE A RECUPERAÇÃO POR INTERMÉDIO DA PRIVATIZAÇÃO