Regime disciplinar diferenciado e sua insconstitucionalidade.

Abstract

The work makes an analysis of the current problem faced by the condemned as for the treatment differentiated inside of the prisons. Alterations introduced by the Law 10.792/2003 demonstrate the deviation of the intention of bringing o f turn the convicts to the social life clearly brought by the Law 7.210/1984, Law of Penal Execution, towards a penal politics and prison of influence of the penal right of emergency, configuring a penal right of the enemy, which hurts the own Federal Constitution, as well as Agreements, Conventions and International Treaties of the which the country is signatory. They were used in the elaboration of this work the historical method and the interpretation of literary works, founded in the reading and interpretation of the legislation homeland and of works regarding the theme. This work objective to analyze the conditions imposed by the State to the condemned in the execution of the feathers, to the light of the beginnings of the legality and of the proportionality, glimpsing the warranty of the human person's dignity and, consequently, a form of they live together harmoniously in society again.. It is observed that the bad conditions presented by the penitentiary system have not been contributing to reinstate the condemned to the social conviviality. The individual condemned, when he leaves the prison, he doesn't have except a treatment of social exclusion. No there are jobs or dignify ways for former-convicts, which relapse the practice of new crimes again, returning to the prison system. With to growing violence wave that spreads for the country, tormenting the society that shouts for justice through the punishment of the groups of criminal factions that you/they put risk the institutions. The State stops for itself the right punishment, and it is consequently, legislating in a more rigid way in the combat to the criminality, however, that has not been demonstrating positive result. Because the one that she have been observing is to growing violence wave so much intra as extra walls close to the prisons.