NASCIMENTO, L.; http://lattes.cnpq.br/7907800193492162; NASCIMENTO, Lucival do.
Résumé:
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.
