HUMAN RIGHTS AND THE PRISON SYSTEM

Abstract

This digital book aims to analyze the complex relationship between the Brazilian prison system and human rights, addressing the contradictions between the resocializing purpose of the sentence and the frequent violations of fundamental rights of inmates. To this end, the research is structured in three chapters, which examine everything from the functioning of the prison system to the challenges of guaranteeing rights and the social impacts of criminal recidivism.

In Chapter I – Brazilian Prison System: Between Resocialization and Violation of Human Rights, the panorama of the national prison system will be addressed, highlighting its weaknesses, overcrowding, precarious conditions and the difficulty of the State in guaranteeing the social reintegration of inmates. The analysis focuses on the contradiction between the discourse of resocialization and the reality experienced by inmates, marked by mistreatment, violence and lack of adequate assistance.

Chapter II – Guaranteeing the Rights of Prisoners in the Penal Enforcement Act and the Federal Constitution discusses the legal framework governing the rights of prisoners in Brazil. The Federal Constitution and the Penal Enforcement Act (Law No. 7,210/1984) establish principles and guarantees for the prison population, but their implementation faces structural challenges and the absence of effective public policies. The chapter explores the discrepancy between what is provided for in the legislation and the reality of serving sentences in the country. Finally, Chapter III – Crisis in the Brazilian Prison System: Human Rights Violations and the Cycle of Criminal Recidivism examines how the flaws in the prison system contribute to the perpetuation of crime. The precariousness of prison units, the lack of access to education and work, as well as the influence of criminal factions, reinforce criminal recidivism and hinder the social reintegration of those released from the penal system. Thus, this study aims to contribute to the debate on the urgent need for structural reforms in the Brazilian prison system, aiming to guarantee the fulfillment of sentences within the principles of human dignity and social justice, fundamental for a more balanced and less punitive society.

Daniel da Silva Furtado