A superlotação do sistema prisional no Rio Grande do Sul sob o olhar do princípio da dignidade humana

Abstract

The topic is currently widely discussed, including in the higher courts. Thus, one of the major social problems that plague Brazil, highlighted in this work is prison overcrowding, considered for years and deprived of the attention it deserves, the subject has always been included in academic debates as one of the most striking forms of human rights violation, thus it is worth looking at its aspects of profound discrimination. The study presents itself as a great challenge, given its depth and scope, since it is known that this issue is not recent, being a historical and spatial problem that culminates in contemporary society. Therefore, within the proposed theme, the choice of delimitation at the level of Brazilian territory is justified due to the alarming differences between one region and another in the treatment and structure of the prison system. Thus, the study has as its general objective to demonstrate the possibility of applying public policies to the prison system through the principle of human dignity and as its specific objectives to raise the problem of prison overcrowding in Rio Grande do Sul, starting from a historical and social perspective together with the exposition of human Criminal Law, covering the types of prisons and the principled issue, conceptualizing the principle of human dignity, correlating it with the legal system and constitutional foundations, with court decisions, in view of the difficulties of reinsertion and rehabilitation of prisoners and presenting possibilities of public policies that are based on the effectiveness of the principle of human dignity. For this reason, the research also proves to be relevant at the postgraduate level in social, legal and political terms, given the clear need for interaction between government, private institutions and society, in addition to thinking about the problem, to seek public policies for the prevention and re-education of the problem. Thus, laws that seek to protect prisoners are ineffective in solving overcrowding in the prison system in Rio Grande do Sul. In view of this, the question is: Can observance of the principle of human dignity through the application of effective public policies change the situation of overcrowding in the prison system in Rio Grande do Sul? The method to be adopted in the development of this research will be deductive, from an analytical and critical perspective, because for the conclusion to be considered true, it is established as a condition that all premises are true and that the truth of the conclusion was already implicit in these premises. Once structured, the method of procedure used will be historical and comparative, and adding research techniques, where indirect documentation was used, with consultation in bibliography of primary and secondary sources (publications, single issues, newspapers, specialized magazines in the research area, books, jurisprudential periodicals, etc.). Specifically, the study will address the specific analysis of the notification to the central prison of Porto Alegre by the International Court of Human Rights, in 2019 and of Brazilian laws that aim to protect prisoners and need to be effective to reduce prison overcrowding in the state of Rio Grande do Sul.