FUNDAMENTAL GUARANTEES OF HUMAN RIGHTS IN THE CONTEXT OF CRIMINAL SENTENCE ENFORCEMENT

Abstract

The configuration of the Democratic State of Law under the aegis of the 1988 Constitution established human dignity as a central pillar, drastically contrasting with the structural collapse and continuous violation of rights in the Brazilian prison system. In light of this, the question arises: what are the human rights guaranteed to individuals subjected to the Criminal Sentence Enforcement Law (LEP), according to national legislation and international treaties ratified by Brazil? The general objective is to analyze these rights guaranteed by the LEP and international conventions, with the specific objectives of identifying custody legislation, evaluating the alignment of the LEP with international standards, and examining sentence management and social reintegration. The methodology adopts a mixed approach (qualitative and quantitative), combining bibliographical and documentary review with a case study at the Manacapuru Police Station (AM), through the application of questionnaires to 15 detainees. The results reveal that 75% of the detainees partially disagree with the practical effectiveness of the guarantees and 70% evaluate food and health as regular or insufficient, while national data (SENAPPEN and ObservaDH) confirm a deficit of over 207,000 vacancies and high rates of violence, consolidating the Unconstitutional State of Affairs (ADPF 347). It is concluded that the abyss between the abstract norm and empirical reality nullifies the rehabilitative function of the sentence, making the expansion of humanized models such as APACs and the application of alternative sentences urgent to mitigate the prison collapse.