THE CONSTITUTIONAL GUARANTEE FOR THE PROHIBITION OF DEGRADATING PENALTY: IN THE FACE OF THE BRAZILIAN PRISON SYSTEM

Abstract

This article sought to discuss the constitutional guarantees for the prohibition of degrading sentences in the face of the Brazilian Penal System, it is a more focused approach to the judgment of ADPF n°347 judged by the STF in 2015. The study addresses other issues of the effects of degrading sentences, that is, it aims to demonstrate how the human rights of the prisoner are constantly injured, taking into account the precarious and unhealthy living conditions, as well as the sad reality of the trials. The work evaluates the application of the Penal Execution Law n. 7.210/84, in view of this, it is understood that every provisional or convicted prisoner needs to have their rights assured in order to guarantee them proportionality and harmony in order to bring about social integration and resocialization in society after serving the sentence. The research was based on bibliographical studies, articles, doctrines and jurisprudence, it is understood that these rights are curtailed even before the individual arrives at the prison unit. In this way, the objective of this article is to demonstrate the unconstitutionalities, breach of the prisoner's right, precarious living conditions, the restricted rights of defense, the degrading and unconstitutional penalties and the lengthy judgments inherent to the prisoner's life.