A mulher e o cárcere : uma análise da (in)aplicabilidade do princípio da dignidade da pessoa humana e dos dispositivos da Lei de Execução Penal.

Abstract

The present work has as its theme the (in)applicability of the principle of human dignity and the guarantees of the Penal Execution Law within the scope of the female prison system, and aims to point out if, in the face of the current national prison reality, in relation to women, the principle of human dignity is met, as well as the provisions of the Penal Execution Law. In these terms, considering the failures in meeting the basic needs of the inmates, as well as the complications of the precarious Brazilian prison system, what are the difficulties and mishaps so that, in fact, the principle of the dignity of the human person is guaranteed in the execution of the sentence of the prisoners? incarcerated women, and the guarantees imposed in the Penal Execution Law applied? The method of approach used is deductive, considering that it started from the general to the particular, analyzing how the applicability of the principle of human dignity occurs, as well as the legal provisions of the Criminal Execution Law, and its reflexes, in the scope of the women's prison system. The study of the subject is of fundamental importance, since the number of women restricted in freedom has grown significantly in recent years, and even if serving a conviction, the inmates have rights and guarantees to be fulfilled and guaranteed by the State, in view of the constitutional principle of human dignity, as well as the guarantees of the Penal Execution Law. Although the legislative text is clear and express, the flaws in the system are exorbitant, lacking public policies and improvements, so that the main purpose of the Penal Execution Law can be achieved, to seek the resocialization of inmates.