O TRATAMENTO DAS PESSOAS COM DEFICIÊNCIA FRENTE À EXECUÇÃO PENAL E A PERPETUAÇÃO SISTEMÁTICA DE GRAVES VIOLAÇÕES AOS DIREITOS HUMANOS DOS APENADOS

Abstract

The present article addresses the unconstitutional state of affairs to which individuals with disabilities are subjected within the brazilian prison system. The problem involves understanding how prison facilities contribute to the perpetuation of the segregation of groups, such as people with disabilities, hindering their dignified reintegration into society. The research justification is demonstrated by the high social relevance and the legal significance of the topic at hand, due to the serious human rights violations experienced by individuals within the brazilian prison system. The objective is to assess whether the modus operandi of the brazilian prison system is responsible for perpetuating the unconstitutional state of affairs experienced by people with disabilities during and even after their incarceration. The methodology employed relies on the qualitative method through bibliographic research. The research discusses the Unconstitutional State of Affairs recognized by the Brazilian Supreme Federal Court when judging the Fundamental Precept Assertion filed under number 347, as well as principles, articles, and objectives outlined in the Resolution of November 22, 2018, from the Inter-American Court of Human Rights and, especially, in Brazilian legislation, particularly in the Federal Constitution and the Penal Execution Law. The article concludes that the Brazilian prison system is insufficient to reintegrate individuals due to inhumane treatment and the non-compliance with the set of norms to be followed, and this state is perpetuated due to the lack of interest and planning by the Public Authorities.