FONSECA, L. O. A. C.; http://lattes.cnpq.br/4291204157527252; FONSECA, Luana Ohana Andrade Costa.
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.