O princípio da dignidade humana no sistema carcerário brasileiro: uma análise crítica sob a perspectiva dos tribunais superiores

Abstract

This monograph aims to critically analyze how the higher courts, specifically the Superior Court of Justice and the Federal Supreme Court, have understood and applied the principle of human dignity in the prison system, since the custodial sentence, in most cases has become a cruel and inhuman punishment, since violations of the rights and the human dignity of the offended person are constant within the prison. To do so, the approach was carried out by means of sampling, so that some judges of the Federal Supreme Court and the Superior Court of Justice, which deal with the principle of human dignity in the penitentiary sphere, were thoroughly examined. For the understanding and due analysis of the judges, it was necessary to discuss the theories of the functions of the custodial sentence, the concept of dignity of the human person, as well as the precarious and degrading situation in which the Brazilian prisons are immersed