AUMENTO DA POPULAÇÃO CARCERÁRIA NO BRASIL E APLICABILIDADE DO PRINCÍPIO DA DIGNIDADE HUMANA

Abstract

The study presents the lack of structure of the prison system. The main question of this study: what are the conditions of the Brazilian prison system in the face of prison overpopulation from the perspective of the principle of human dignity? In this context, the general objective of this study is to present the increase in the prison population in Brazil and the applicability of the principle of human dignity and the specific ones: to show through a historical and contemporary analysis of the prison system; to identify the principles and theories applicable to the penalty and to analyze the principle of the dignity of the human person as the founding right of the Brazilian legal system in the prison system. With regard to the methodological path, this is a bibliographic research focusing on the review of the existing literature on the issue of human dignity, with application of the methods of analysis: dialectical and analytical, especially with doctrinal and legal survey of devices that promote the right to human dignity and that present the disrespect promoted within the Brazilian prison system. The conclusion of the study showed that, although the principle of human dignity has constitutional devices, therefore, it is considered a clear principle, it has been structurally violated by the Brazilian prison system in the face of the increase in the prison population.