Os complexos prisionais brasileiros à luz dos direitos fundamentais

Abstract

This is an article about the prison complexes and their problems of denial of fundamental rights in the current Brazilian scenario. In that regard, it will be worked from the historical perspective of the problem, to the core of fundamental human rights and the respective factors that give rise to the denial. In addition, the research method was a study case made of the Prisional Complex of Pedrinhas, at Maranhão, whose calamitous situation of disrespect for dignity of human person reached the protection of the Inter-American Court of Human Rights, and that includes provisional measures were prepared to be adopted by the Brazilian State. So, data and reports, prepared by organs qualified, in order to try to explain the essence of the question: would the decline of the rehabilitation institute actually taking place? What factors are contributing to this achievement? Using the deductive method, a qualitative and explanatory research was carried out about the data and facts approached, with the objective of providing a better understanding of the institutes discussed. Furthermore, the (non)compliance with these rights, so essential and inherent to man, applied to the scope of criminal execution will be analyzed, once, in a first analysis, this is out of step with the letter of the law, in what concerns the rights of the prisoner.