O instituto da prisão especial e sua (in)constitucionalidade sob a ótica do princípio da isonomia

Abstract

This monograph aims to analyze the constitutionality of the special prison institute, foreseen in the Penal Procedure Code of 1941, against the principle of isonomy, provided for in article 5 of the Federal Constitution of 1988. Therefore, it is necessary to expose equality in its material modalities and formal and understand about the discriminating element, that is, when unequal treatment for different citizens is possible. Still, it is essential to talk about personal precautionary measures and, specifically, precautionary prisons, a time when special prison is required for certain individuals. Finally, from the legislative, principiological and social analysis, it is concluded that the provision of special imprisonment in criminal procedural legislation is not in conformity with the principle of isonomy, since it is a privilege without logical justification and reinforces the Brazilian social inequality