RDD: ANOTAÇÕES SOBRE SUA (IN) CONSTITUCIONALIDADE A PARTIR DE UMA LEITURA SOB O PRISMA DOS DIREITOS FUNDAMENTAIS

Abstract

This article aims to analyze the unconstitutional precepts of the disciplinary regime differentiated from a reading from the prism of fundamental rights. Through a theoretical-dogmatic research, legal, doctrinal and jurisprudential references are used to approach and analyze the proposed theme. The Democratic State of Law has as its presuppositions the Guarantee of Fundamental Rights, the security of the Dignity of the Human Person, and these elements are expressed in the Federal Constitution. The institute of the Differentiated Disciplinary Regime was implemented in the Brazilian legal system by means of Law nº 10.792 / 2003, the analysis consists of verifying that a more severe disciplinary measure and places the offender in a situation that is not in keeping with the human condition, because it restricts Rights guaranteed in the Charter Magna, instead, to the distressed would fit the institute of the penalty prevailing its retributive and preventive character, while preserving its human condition, for the application of a rigid sansão and that violates the Human Rights of the distressed would be Unconstitutional.