A inefetividade do sistema prisional e da legislação penal na garantia da dignidade do preso

Abstract

The present work deals with the question of the applicability of the principle of dignity in the person of the prisoner and the egress and the ineffectiveness of the Penal Execution Law, aiming to analyze the conditions of survival of the detainee in the prison system against the constitutional principle of the dignity of the person. the minimum standards established by the UN for the treatment of prisoners, the observance of the principles of the LEP, the resocializing function of serving the sentence, the public policies for the inmates, and the role of public-private partnerships in the prison system. In this sense, the question is: do the Brazilian penal system and public policies of resocialization ensure the minimum conditions to preserve human dignity and reintegrate the convicted in a peaceful way to social coexistence? Criminal law is a strand of law that aims to safeguard the fundamental values of society, and because of this need the state uses its coercive potential to apply criminal sanctions to those who wish to break its norms, these sanctions are termed as punishment. Currently, there are several understandings about the penalty and its purpose, but there is only one certainty, that crime is a social fact that needs to be restrained with the rigor of the law. The methodology used in this research was the qualitative bibliographic review. This work is justified because it broadens the academic knowledge acquired throughout the course, as well as bringing new perspectives on human rights in the prison system.