MIRACLE IN CELL NO. 7: AN ANALYSIS FROM THE PERSPECTIVE OF THE LEGAL PRINCIPLE OF HUMAN DIGNITY

Abstract

This article critically analyzes the legal principle of human dignity through an interdisciplinary approach, using the feature film Miracle in Cell No. 7 (2013), by Lee Hwan-Kyung, as its object of study. The aim is to reflect on the safeguards for persons with disabilities within criminal proceedings, examining the history of such individuals—ranging from concepts in forensic medicine to their inclusion in the Brazilian legal system. The research employs a qualitative approach and a deductive method, utilizing historical and comparative procedures, while using the analysis of a cinematic work as a didactic tool. Discussions will cover the origin of the legal concept of mental illness and the inclusion of these individuals in the Brazilian legal system, particularly regarding criminal proceedings, as well as substantive criminal law issues, such as the concept of criminal imputability and the exclusion thereof, non imputability. The study concludes that, although the legal framework is quite advanced in classifying and addressing the situation of persons with disabilities in criminal proceedings, thereby upholding the principle of human dignity, it still suffers from certain social and procedural shortcomings.