A constitucionalidade do regime disciplinar diferenciado sob prisma dos direitos e garantias penais.

Abstract

Since the introduction of Law n°. 10.792, which regulates among other institutes, the Differentiated Disciplinary Regime (RDD), came the question of the legality of a punishment, because of the severity of their characteristics based primarily on the constitutional principle of human dignity. This monograph aims to seek instruction arguments in order to prove the constitutionality of the Differentiated Disciplinary Regime, given the measures connected with the institute are proportional to the purpose of rejecting the negative influence exerted by criminal organizations in the social body. As a method of approach is used the deductive, through a literature review will be collated arguments that advocates the constitutionality of the institute and efficiency, plus procedural monographic method, looking at the problem faced by the existing prison system, exploring the need for tighter control effective over the prisoners. It has been an explanatory study, literature predominantly through indirect documentation, and finally, with respect to data analysis, we use the training in reading for information about the constitutional legality of the differentiated disciplinary regime. In developing the research showed that there is a current doctrinal where there is a large enhancement of human rights under a strict security prism, where the RDD is seen as a transgressor of protectionist principles generally present in the international diplomas and were received by the Federal Constitution mainly by the principles listed in the Policy Letter. It is concluded that after the measure is constitutionally legitimate in spite of a court of relativization of precepts, striving for supremacy of the common good rather than the suppression of certain rights and guarantees individual criminal.