CONSTITUTIONAL GUARANTEES VIOLATED IN THE BRAZILIAN PRISON SYSTEM

Abstract

This article analyzes the main constitutional guarantees violated within the Brazilian penitentiary system, addressing the incompatibility between the reality of national prisons and the precepts established by the 1988 Federal Constitution. The study aims to identify the fundamental rights frequently disregarded in Brazilian correctional facilities, highlighting overcrowding, structural inadequacy, the lack of proper assistance, and the inefficiency of rehabilitation policies. The research is basic in nature, employs a qualitative approach with descriptive and explanatory objectives, and was conducted through a literature review and document analysis. The theoretical framework is grounded in the works of authors such as Nucci, Greco, Capez, Mirabete, Bitencourt, and Zaffaroni, as well as the jurisprudence of the Supreme Federal Court. It was found that the systematic violation of the prison population's fundamental rights constitutes a direct affront to the principles of human dignity, the individualization of punishment, and the physical and moral integrity of inmates. The study concludes that overcoming this situation requires structural reforms, the strengthening of public penitentiary policies, and effective adherence to the constitutional guarantees enshrined in the Brazilian legal system.