HUMAN RIGHTS IN THE PRISON SYSTEM WITH A PRISM IN PRISON OVERCROWDING

Abstract

The present work aims to address human rights in the prison system with a view to prison overcrowding and analyze the impact of this overcrowding in light of Human Rights and their normative specifications. The following question is problematic: How does prison overcrowding affect the quality of inmates' living conditions in a significant and detrimental way on the applicability of the legal standards provided for in the Universal Declaration of Human Rights? Through descriptive research, it is based on consultation of bibliographic sources, carried out by checking data and numbers within the methodological, jurisprudential and doctrinal spectrum. In view of the analysis of the fateful conditions of the prison system, a qualitative research will be used accordingly, using bibliography and documents, as well as verification of legislation present in the Brazilian legal system, highlighting the flaws regarding the fulfillment of the rights of inmates in its entirety. The study finds that the precariousness experienced in the Brazilian prison system due to overcrowding has been recognized as a problem for at least three decades and the basic principles guaranteed by the Federal Constitution of 1988, as well as regulated by the Penal Execution Law, have been violated due to the worsening of overcrowding. The effect lies in the perpetuation of the criminal cycle, making it more difficult to combat violent conflicts, rebellions and even deaths.