UCHOA, J. W. A.; http://lattes.cnpq.br/9547211272908171; UCHOA, José Witney Abreu.
Abstract:
It analyzes critically the dynamics of human rights, from the Brazilian democratic
platform introduced with the 1988 Federal Constitution. With this, it points to the limits
of the democratic regime as a field for the recognition and affirmation of human rights
in Brazil, concomitant application with current criminal law. Therefore, the
investigation of the critical theory of Human Rights in relation to effectiveness, with
regard to the criminal policy. Overall, it is ensured in the Constitution the principle of
human dignity, which is to protect the individual against what might hurt their dignity,
serving as criteria for identifying fundamental rights and also ensure the physical and
moral integrity of every human being. Human rights advocate freedom, equality and
fraternity. However, it is not news that the struggle for human rights in Brazil gives up
so basically isolated from the mass of the population who do not identify with their
claims. As is often presented by the media, human rights are seen as "rights Bandit".
This misrepresentation is perhaps the failure of criminal law where human rights, by
their very nature, are perhaps better developed and defined than the Brazilian
criminal law. Structural problems may be the answer to such distortion. The CNJ has
been working to mobilize to solve the problem in Brazilian prisons. In this scenario, in
which many find that human rights undermine the efficiency of the criminal, the
present work will be performed by the deductive method, through specialized
literature searches, scientific articles and journals, to identify the true cause of the
problem. The results obtained in the research will be for the construction of social
knowledge about the subject.
