A predominância da revista íntima feminina e a adoção do scanner corporal (body scanner) nos estabelecimentos prisionais brasileiros.

Abstract

The general objective of this work is to analyze the predominance of intimate searches and the adoption of the body scanner in the Brazilian penitentiary system. With regard specific objectives, it is proposed to present aspects about the different modalities of magazines; discuss female strip searches in prisons, from its procedure to possible violations; and, discuss the body scanner aspects such as its operation, protection of rights and guarantees fundamental aspects of visitors and their effectiveness when it comes to the safety of establishments prisons. To achieve these objectives, a bibliographical and qualitative, along with documentary technique, of an exploratory type, linked to the deductive method. After the analysis, it was found that the intimate search continues to be applied in a humiliating visitors, which has led to more violations of female bodies and, consequently, more violations of the fundamental rights and guarantees guaranteed by the Federal Constitution of 1988. Its predominance in prison establishments has become given due to the justification of ensuring the maintenance of safety of prison establishments with a view to combating drug trafficking and, also, insufficient resources to acquire technological equipment for prison establishments. Despite Resolution No. 28, of October 6, 2022 of the National Council for Criminal and Penitentiary Policy (CNPCP) bring the strip search exceptionally, the absence of a legal provision in Federal Law No. 13,271/2016 which deals with the prohibition of this type of magazine, has also contributed to the such searches continue to be applied in prison environments. Regarding scanner adoption body in prison establishments, there are many advantages that the equipment has provided to visitors and the safety of establishments. Therefore, if there is addition to the current federal law prohibiting the practice of this search without any exception and with more investments by the State in modern equipment such as the body scanner, as well as training for prison officers, such a magazine will no longer be dominant in the country's prison environments.