SILVA, Z. A.; http://lattes.cnpq.br/3301471626042489; SILVA, Zetonio Alves da.
Resumo:
This work makes an analysis of the regime to discipline differentiated implemented
by the law 10.792/03, which appeared in face of the problems of the criminality and
of the formation of groups and criminal factions, verified at some prisons of the
country. He sees himself to total unconstitutionality of the regime to discipline
differentiated, once it hurts several constitutional beginnings deadly that they give
warranty to the individuals of they be treated as human people. The appearance of
the regime is analyzed to discipline differentiated as being measured emergencial,
due to the problems appeared at the prisons, and ineffective, position that the public
power looks for laws more and more rigid and inhuman to appease the problems
appeared in the society, making the defense of a penal right of the enemy, and
adopting a politics that is for to help the arrested in anything. It will be used in the
work the historical method, based on the analysis of the origin of the regime to
discipline differentiated, and the exegetico-juridical method, because of the reading
and interpretation of the legislation, works and goods regarding the theme. The
general objective of this work is to demonstrate the unconstitutionality of the regime
to discipline differentiated. The specific objectives, for her time, are to verify the
conditions in that they live the arrested submitted to the mentioned regime and to
analyze the search of effective solutions on the part of the pubic power to the
problem of the criminality inside of the Brazilian prisons. Finally, it is of salutary
importance to study the theme carefully, so that one can know the reality of those
that are accomplishing feather in regime to discipline differentiated, and to do with
that the public power recognizes the brutality of such a measure.
