Remição de pena como indenização por dano moral a presos em condições carcerárias degradantes e sua viabilidade na execução penal.

Abstract

As the problem of prison ills is ascending, it demonstrates to be relevant to understand in that it is the responsibility of the State to create and ensure compliance with the quality of infrastructure and services, as well as how to proceed in the face of evil that affects the vast majority of prisoners deprived of an effective incarceration model worthy. With the growth of crime, it has increased the pressure for prison and, consequently, more penitentiaries. The prison began to be enacted within criteria that can be automated. The problem that arises is the need for space to house prisoners versus the need to jail. It is necessary, therefore, to seek a specific repair mechanism of existential damage caused to prison inmates to be able to recover, as much as possible, the minimum conditions of dignity to them subtracted. In this line, the solution proposed by the Minister Luís Roberto Barroso, in extraordinary appeal paragraph 580252, is that the moral damage caused to the prisoners according to the overcrowding and degrading conditions to be repair, preferably by the mechanism of redemption of part of the runtime, in analogy to article 126 of the Law of Criminal Enforcement. In this monografh work, it will be used deductive reasoning research method and the method of historical and evolutionary procedure. In what concerns the search technique, the work will be underpinned in direct documentation, especially in literature, held in specialized books and related doctrine, periodicals, journals, scientific papers, monographs, as well as the trial (extraordinary appeal 580252) yet underway in the Federal Supreme Court. Furthermore, this research seeks to analyze, under all possible and relevant respects, the nuances of the compensation for moral damage to prisoners by degrading prison conditions and its viability in the Penal Execution.