Abstract:
The present work has the purpose of verifying the applicability of the Human Rights provided for in the national legislation and in the Treaties and Conventions to which Brazil is a signatory within the Penitentiary System. It was proposed to present as a central problem the question whether the inapplicability of the prisoner's human rights within the Brazilian prison system violates the principle of legality, a corollary of the Democratic State of Law, rendering the Criminal Enforcement Law innocuous, which has as its main objective the function Re-socializing the custodial sentence that would lead to social pacification, a major premise of Criminal Law. In order to reach this objective, the study begins with the conceptualization and analysis of the principles and norms that guarantee the preservation of the human dignity of the condemned person, passing a brief study about the pen, its functions, modalities and species of regimes, emphasizing The Criminal Enforcement Act and its basic principles. Finally, the problems of the Penitentiary System, such as overcrowding, lack of training of police officers and agents, physical inadequacy of spaces for the imprisonment of human beings, absence of the State, the Judiciary and supervision of the Ministry Public, who abandon those condemned to fate and to the criminal system that is established within prisons and jails. Brazil, unfortunately, has failed to re-socialize the prisoner, guaranteeing social peace, is not fulfilling its mission to protect Human Rights in the Penitentiary System and mortally wounding the Penal Execution Law, one of the most comprehensive and modern in the world.
