The prison system is a frequent topic of national debate, and within this context of imprisonment and punishment, the Constitutional Amendment Bill (PEC 171/93), which addresses the reduction of the age of criminal responsibility, has become a source of heated debate due to its possible approval. On one side is part of the population clamouring for its legitimacy, and on the other side are various professionals and a small portion of society. In view of all this, the present study aimed to discuss the function of prisons based on two references in the area, Foucault and Goffman, showing the historical context in interface with the legislature with regard to the journey towards the conquest of rights for children and adolescents in Brazil, followed by reflections on the prison system and the process of resocialisation, the reduction of the age of criminal responsibility, emphasising the view of psychology. Thus, studies in this area are of paramount importance for professionals in general, authorities and the population itself, so that they can develop their own conclusions on a topic that generates so much discussion, based on scientific data rather than sensationalism.