The bankruptcy of the Brazilian prison system and the violation of human rights.

The bankruptcy of the Brazilian prison system and the violation of human rights.

Jaime Bastos Santos

ABSTRACT

The Brazilian prison system is bankrupt, and this process is not recent. The environment, behaviors, hygiene and other factors are conditions that should be seen with a more sensitive and responsible eye by the responsible authorities, as these conditions will directly reflect on the inclusion or not of the prisoner in society. In this context, this study aims to analyze the main socio-legal implications that culminate in the bankruptcy of the Brazilian prison system and violate the human rights of inmates. This is a bibliographical review, based on scientific articles, monographs and jurisprudence, searched in the main national databases: Scielo, Capes, JusBrasil, Google Scholar, among others. The results showed that the main socio-legal implications that promote the failure of the Brazilian prison system and harm the human rights of inmates are overcrowding, poor food and hygiene, lack of adequate legal assistance, among others. It is concluded that, given the reality of the Brazilian prison system, the treatment of prisoners is completely unworthy, since they are not treated as people with rights and duties, which are guaranteed by the Magna Letter, provided for in its article 5, XLIX.

Keywords: Prison. Over Crowded. Human Dignity. Failure. Penitentiary System.