Análise crítica acerca da situação dos apenados LGBT no sistema penitenciário Brasileiro.

Abstract

The present monographic work has the theme "Critical analysis about the situation of LGBT victims in the Brazilian penitentiary system." The study was based on the following objectives: to accomplish an analysis of the origin of the LGBT movement; checking the concept of homosexuality and how it is viewed today, also discussing the issue of homophobia; analyzing the principles of criminal law as a way of limiting the power of the State; to measure the vulnerability of LGBT detainees and their treatment in prisons; to exhibit the importance of the creation of specific lockups for LGBT prisoners in Brazilian prisons; examine the application of criminal law and its effectiveness in the treatment of the LGBT prison population; and study the prison system and the treatment given to the LGBT population. In methodology, the work will be developed using bibliographic research and deductive method, by the analysis of books, scientific articles and monographic works approved and published in journals; using indirect documentation as a data collection technique. The choice of subject is due to the importance that this case requires, and therefore its debate is proposed, in view of the fact that it is a subject poorly discussed in the society and social medias, and needs more visibility. The research investigates the following problem: is the Criminal Law properly applied in Brazilian prisons, in order to safeguard and protect LGBT prisoners deprived of freedom? To respond to this ingadation was formulated the following hypothesis: the absence of special norms, imposing a more specific treatment for the prisoners LGBT, makes the application of the Criminal Law, superficial, failing to meet the individualities of these prisoners. Most Brazilian prisons do not have specific cells for the reception of homosexual prisoners and because of this, they share the same cell with inmates considered heterosexual who do not accept them, assaulting the physical, moral and psychological integrity of the LGBT inmates.