A aplicação do princípio da dignidade da pessoa humana no sistema prisional a luz do ordenamento jurídico brasileiro

Abstract

The present study aims to analyze the application of the dignity of the human person in the Brazilian prison system, addressing the responsibility for damages that may occur with those who are under the protection of the State. The work is structured in three chapters, specifically explaining the norms that govern the rights of the prisoners, describing the conditions of the Brazilian penitentiary system and whether the norms concerning the subject in focus are being fulfilled in the light of the Dignity of the Human Person. Using for this purpose the technique of bibliographic research, the deductive method and the historical-evolutionary, that is, starting from the premise that every human being must have ensured his minimum conditions of dignity even when imprisoned. Based on the premise that the Brazilian legal system is well served by norms that bring rights to the prisoners, however, when verifying their application in practice, it is seen that prisoners are subjected to various degrading conditions, still showing the absence of dignity for the fulfillment of the sentence, and it is not possible to re-socialize in these conditions, which is in line with the positive norm and one of the purposes of the sentence.