A (in)constitucionalidade da castração química: uma análise do projeto de lei 3127/2019 à luz da dignidade da pessoa humana

Abstract

This final paper examines the (un)constitutionality of chemical castration as proposed in Bill No. 3127/2019, assessing its compatibility with the principle of human dignity and the constitutional limits on the State’s punitive power. The study explores the historical and conceptual foundations of chemical castration, international experiences, and the Brazilian legislative proposal, emphasizing its physical, psychological, and social effects. A qualitative methodology was adopted, based on bibliographic and documentary research, using a deductive approach grounded on constitutional and human rights principles to evaluate the legal validity of the measure. The selection of sources followed criteria of academic relevance and legal authority, including normative texts (such as the Federal Constitution, international human rights treaties, and Bill No. 3127/2019), national and international case law, technical notes, and specialized doctrine in Criminal Law, Constitutional Law, Criminology, and Bioethics. The findings indicate that, although supported as a preventive policy to reduce recidivism in sexual offenses, chemical castration reveals a punitive nature and violates fundamental rights, especially the physical, psychological, and moral integrity of the convicted individual. The research also shows that the measure constitutes a cruel, inhuman, and degrading punishment, incompatible with the Federal Constitution and international human rights treaties, representing a form of penal populism and biopolitical control inconsistent with the Democratic Rule of Law. It concludes that Bill No. 3127/2019 does not withstand constitutional scrutiny and that alternative measures must be pursued to address recidivism in sexual crimes in a manner that is both effective and constitutionally legitimate. Keywords: Chemical castration. Bill No. 3127/2019. Human dignity. Fundamental rights. Unconstitutionality. Deductive method.