O princípio da dignidade da pessoa humana e sua efetivação no sistema prisional brasileiro

Abstract

It is a monographic work that proposes to analyze one of the foundations of the Federative Republic of Brazil, titled The Dignity of the Human Person and its effectiveness before the Brazilian penitentiary system, also evaluating the responsibility for the damages that may occur with the inmates that are under the State‘s tutelage. The first chapter brings a study about the historical evolution of the dignity of the human person, followed by the concept of dignity of the human person and its constitutional prediction. The approach presented in the second chapter involves an analysis of the Brazilian penitentiary system, in relation to the recovery of the prisoner, passing through the species of penal sanctions and the purposes of the sentence, in the scope of the rights of the prisoners and its violations as well as human rights, in general, in jail. The third chapter discusses the efficiency of the principle of the dignity of the human person in Brazilian penitentiary system, regarding the use of legal provisions that expressly affirm rights that must be guaranteed to prisoners in accordance with the 1988 Federal Constitution and the Criminal Execution Law, associated with the responsibilities of the State towards the prison matter. In the end, it is critically analyzed that not only the principle of the dignity of the human person has been violated, but also the rights brought by the Criminal Execution Law and by the Federal Constitution itself, demonstrating the absence of minimum conditions for the sentence to be served with dignity in jail.