As condições do sistema penitenciário brasileiro em contraste com os direitos fundamentais da mulher encarcerada

Abstract

In the current legal context, the discussion about aspects concerning the conditions of the Brazilian penitentiary system persists in contrast to the fundamental rights of incarcerated women, both in general and in their specific properties. In this sense, the objective of this article was to examine the concept and origin of the prison system, the penalty and the rights of the incarcerated individual, and how they are realized in the Brazilian social environment, aiming, with this, to understand the legal aspects related to the rights of the prisoner. imprisoned women and, finally, the specific factors about women in the prison system. In this perspective, the present article, by means of exploratory research, of qualitative nature, deductive method, collection of documental and bibliographic data, was developed in order to carry out a historical investigation on the theme, reaching the result that, although there are many advances regarding the fundamental guarantees provided to female citizens in Brazil, challenges, not only within the scope of Criminal Law, to be overcome for these people to fully exercise their human dignity.

Influence of international commitments against torture on prison indicators: measuring human rights

“…Furthermore, all the results (without any exception) showed prison overcrowding in all the years analyzed, that is, with average percentages of overcrowding above 100%. There is no doubt that overcrowding itself implies inadequate treatment of weights (Santos et al, 2020;Sousa et al, 2020). Whether this inadequacy necessarily constitutes a situation of torture or cruel, inhuman and degrading treatment or punishment is something that can be analyzed on a case-by-case basis.…”