CAVALCANTI, D. S. C.; http://lattes.cnpq.br/6196746232467188; CAVALCANTI, Dayse Stewart Crispim.
Resumo:
The Federal Constitution, currently, is an important instrument of protection for the
fundamental rights that were conquered over the centuries, declaring them to all
people, regardless of their status or legal situation. Such rights can not be violated,
however, by the clash with other rights or principles, can be relativized in order to
foster its maximum effectiveness in the face of individual and collective interests,
established in each case. Therefore, it is known that these rights must also be
observed when a person is sentenced to jail, losing his freedom, yet touted other
rights in land should be respected by public officials with the same subject in a state
of imprisonment restrictive of freedom. With this, there is the situation that can
relativize the right to secrecy of correspondence, in case the situation occupied by
those who are stuck, raising the question of whether to act in such a way. Since then,
attempts to assess the possibility of relativization of such right, so that there is no
service to public and collective rights, while turn into an act of abuse of power or
violation of rights. Otherwise, it also aims to demonstrate the socio-juridical
foundations that allow such an act, without which law would make such relativization
of secrecy detainee's another hypothesis rights violation. Therefore, following an
approach guided in the deductive method with the construction of scientific thesis
from the parameters set out in the legal system, from research conducted in the
bibliography of technical documentation indirect, on the subject of fundamental rights
and the paradigm system Brazilian penitentiary. A procedure still requires the use of
specific methods, such as historical monograph and for contingent understanding of
the topic. Thus, it provides specific investigation about the restriction of the
inviolability of correspondence, encouraging the dictates of public security and the
realization of other rights tangents.
