A incostitucionalidade do regime disciplinar diferenciado.

Abstract

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.