A possibilidade da violação do princípio da isonomia decorrente do instituto da prisão especial

Abstract

The present work maintains that the institute of special prison must be granted only in specific cases, unlike what the Code of Criminal Procedure establishes, guaranteeing, in any way, the principle of isonomy. It occurs that the special arrest is predicted until the final sentence of the conviction is passed, from that moment, the defendant is definitively sentenced and transferred to the joint prison. Recalling that imprisonment should be considered as the ultima ratio in the legal system, thus, it should occur when there is no doubt about the defendant's imputability and when other measures prove insufficient. In this context, it is possible to ensure equality between citizens, so that there are no privileges due to the position or function of the convicted person, but because of the preservation of the physical and mental integrity of the individual.