O Estado como guardião dos direitos fundamentais e a violação dos direitos humanos dos apenados.

Abstract

This monograph deals with the topic "the State as guardian of the fundamental rights and the violation of inmates’ human rights." It is intended, in light of recent doctrine together with traditional, extremely relevant to the purpose of the situation in question, to analyze, to discuss and to present the main theoretical aspects relative to this issue. To do so, a literature review methodology is used, which consists basically in reading, reporting, comparing and demonstrating the theories of some experts on the subject. In the first chapter, the evolution of Human Rights will be addressed, from its conception, rationale, relevant historical aspects and realization of these rights to the principle of human dignity related to this scenario. In the second chapter, we move on to the minimum guarantees present in Pacts and Conventions under International Law, Regional (Inter-American), as well as in the National level, guarantees present in our Federal Constitution and infra-constitutional legislation, namely the Criminal Code and Executions Act Criminal, targeting the inmate theme, dealing since the origin history of penalty, main human rights documents that approached the guarantees of the inmates until the application of the current legislation. Lastly, in the third chapter, we aim to demonstrate the reality faced by the inmates in Brazil while fulfilling their sentences in Brazilian prisons, also demonstrating the origin of the main penitentiary systems and the violation of human and fundamental rights they suffer, which hugely difficult their resocialization. Then, given that every person has humans and fundamental rights and being the Brazilian State a Democratic State, we question if this State has in fact observed the human and fundamental rights of inmates aiming to achieve the resocialization aspect of the penalty? Finally, in a clear, objective and expository way it demonstrates that this problem goes far beyond State omission.