Direitos e garantias fundamentais no sistema penitenciário federal: uma reflexão crítica sobre o papel do judiciário na legitimação de violações

• Ano de defesa: 2019
• Autor(a) principal: Barbosa, Daniel Teles
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Prisões; Garantia (Direito); Poder Judiciário; Direitos fundamentais; Direitos humanos; Prisioneiros
• Link de acesso: http://www.repositorio.ufc.br/handle/riufc/45168

The present research deals with the legal protection of the rights and guarantees of prisoners in the Federal Penitentiary System of Brazil (SPF), specifically looking for the work of the Judiciary system, which normally faces the violations as a formal instance of legitimation of a space of exception and relativization of legality, based on the dangerous representation of the condemned. First, the SPF institution is contextualized in the scenario of increased punitivism experienced in Brazil, introducing the historical reasons that allowed the creation of federal penitentiaries, as well as its mechanisms of operation into the legal frameworks. Specifically, this study clarifies the criteria used for selecting the profile of prisoners in the maximum security facilities of the national prisons. Second, the theoretical approach is taken on the protection of the rights and guarantees of prisoners from the existing Criminal Justice Models (Administrative, Mixed and Judicial), as well as on the Systems of Criminal Procedure (Inquisitorial and Accusatory). Thus, the theory of the Guaranty of Rights of Individuals in Criminal Process is used with the aim to choose the proper evaluation criteria that might measure the level of violations practiced by the Judiciary in the scope of federal penal execution. Finally, this study selects the violation types directly related to the most recurrent issues in the jurisprudence of the STF and the STJ within the federal penal execution, since these systems are judicial bodies that regulate the large extent of the functioning of the Federal Judgments of Criminal Execution, as well as the decisions made by these referred Courts have direct impact on the rights and guarantees of the prisoners in the federal prison. The methodology used by this research has a qualitative nature, being structured by an extensive review literature that was used to explore the main research questions. Therefore, this dissertation concludes that the microsystem established by the Law Nº 11,761/08, which regulates the inclusion of prisoners in the SPF, is strongly inquisitive revealing a low degree of guaranty of human rights. Moreover, this research concludes that the STF and the STJ have been creating jurisprudential mechanisms in order to mitigate the constitutional guarantees human rights of the persons arrested in the federal prisons of Brazil. Keywords: