HUMAN RIGHTS IN PRISON: LIMITS, DUTIES AND PRACTICAL APPLICATION

Abstract

This book addresses the topic of human rights in the prison system, with a focus on its practical application in the context of Brazilian criminal execution. Starting from two theoretical and normative foundations that support human rights, this work analyzes the rights assured to people deprived of liberty, as provided for in the Federal Constitution and infraconstitutional legislation, especially in the Criminal Execution Law. Throughout the development, the limits of state regulation in the prison environment have been discussed, with emphasis on the principles of legality, dignity of the human person and prohibition of cruel, dehumanizing or degrading treatment. The work also examines the main violations of rights in prison, as well as the mechanisms of administrative, civil and criminal responsibility applied to public agents and the State. Furthermore, the work proposes a reflection on the necessary balance between the maintenance of institutional security and the guarantee of two fundamental rights of custody, showing that these elements are not exclusive, but complementary to the effectiveness of the prison system. Intended for professionals in the prison system, students and those interested in the area of public and criminal security, the book presents accessible language allied to technical rigor, contributing to training, professional development and the promotion of practices aligned with legal and humanitarian principles in the context of the jail.