A inconstitucionalidade do regime disciplinar diferenciado.

Abstract

This scientific research seek to address the general aspects of criminal enforcement, and the disciplinary system differently under the Law 10.792/2003. This scheme was inserted into the Brazilian legal system in order precipuo to contain the waves of crime within and outside prison. To this end, above the standard provides a complete isolation of the prison with the outside world, and is applied in the following cases: practice of rime doloso resulting in subversion of the order or internal disciplines; prisoners who present high risk to the safety of the establishment criminal and to society and, when convicted prisoners provisional or fall on them, suspected of involvement or participation in criminal organizations or gangs. Contact is also that the law shows flaws that point to its unconstitutional because violate principles and guarantees included in the Federal Constitution of 1988. To carry out this work will use the methods exegetico-legal and hypothetical comparison.