A (IN)APLICABILIDADE DOS DIREITOS AO PRESO NOS ESTABELECIMENTOS PENAIS ESTADUAIS E SUAS CONSEQUÊNCIAS PARA O INDIVÍDUO E A SOCIEDADE

Abstract

This scientific article aimed to verify the applicability of the rights inherent to inmates in state penal establishments and to identify their consequences for the individual and society. It was also sought to present the obstacles the State faces to ensure effectiveness of the assistance due to prisoners by the Penal Execution Law, in view of several problems such as prison overcrowding and the high volume of criminal cases in progress in the Brazilian legal system. The research, in order to achieve its objectives, encompassed the origin of sentences and their evolution to the present time, and later the disparity between the dictates of the legislation that protects the rights of prisoners and the reality experienced was presented, having as a parameter the Brazilian Penal Code , the Constitution of the Federative Republic of Brazil, the Criminal Execution Law, as well as national and international documents that must be respected by the State. The work being a basic research from a methodological point of view, and qualitative with regard to the way of approaching the problem, it was developed based on bibliographical research that brought arguments regarding the topic addressed.