SOCIAL SECURITY: AN ANALYSIS OF THE (IN)SUFFICIENCY OF BENEFITS AND SOCIAL PROTECTION FOR THE RE-ENTRY OF INMATES INTO THE FORMAL LABOR MARKET POST-SENTENCE

Abstract

The present article proposes to analyze the (in)sufficiency of social security and welfare protection for the effective resocialization of the former inmate, after serving the sentence, within the context of the Brazilian prison system.Based on the Brazilian Federal Constitution and the Brazilian Penal Execution Law, this work is dedicated to discussing the fragility of the Brazilian social security system. This fragility is examined from the perspective of the abyss of penal selectivity and the absence of a legal provision that establishes the working prisoner as a mandatory insured person of the Social Security System, thus preventing them from making the monthly monetary contribution. The problem lies in the selectivity of the penal system, which predominantly incarcerates low-income individuals who face difficulties in maintaining their insured status and accessing future benefits, such as retirement, unemployment insurance, and others. Subsequently, the study explores the barriers of the post-sentence period, focusing on social stigma and the difficulties of re-entry into the formal labor market. It is concluded that the absence of welfare support during the transitional phase transforms the conviction into vulnerability. The urgency of state transitional mechanisms is advocated to guarantee minimum dignity during the reintegration of the former inmate into society and prevent them from continuing to engage in crime.