The right to punish in the Constitution of 1988 and its Effects on the Enforcement of Freedom-Restraintive Penalties / O direito de punir na constituição de 1988 e os reflexos na execução da pena privativa de liberdade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

Although imprisonment exists since Ancient Times, it has been established as a penalty due to the illuminist ideals which sought a way to humanize the Absolutist States punitive system, whose sanction par excellence was the death penalty, among others in which the State exercised extreme cruelty in their application. The objective of this study is to analyze if the deprivation of liberty in the Brazilian Prison System fulfills that humanization role, according to the philosophical concept of that time and following the renowned principles of the Democratic State Under the Rule of Law. In the normative ambit, the Brazilian State has adopted a prison law policy based on the principle of human dignity and the banning of inhuman and degrading treatment of inmates, also establishing the principle of individualization of penalty so that, through resocializing measures, the prisoners suffering can be lessened. In practice, however, several problems have been identified in prison facilities, making the enforcement of the deprivation of liberty take place in extreme misery, causing the prisoner suffering as cruel as that caused by the penalties of the old regime. Keywords: Prison law. Deprivation of liberty. Prison system. Resocialization of penalty. Principle of individualization of penalty.

ASSUNTO(S)

direito constitucional direito - dissertaÇÕes penalidades - dissertaÇÕes processo penal - dissertaÇÕes

ACESSO AO ARTIGO

Documentos Relacionados