Déficit de fraternidade no sistema penitenciário brasileiro: estado de coisas inconstitucionais e violação de direitos

Abstract

The main problem of the present article is the clear generalized violation of rights and fundamental guarantees to those deprived of their freedom in Brazil. In addition, it was intended to explain how the use of the Constitutional Principle of Fraternity can contribute to the situation of neglect evidenced on a large scale in the national penitentiary scenario can be reduced. To do so, it first sought to explain the details of the mentioned principle, highlighting its concept and legal nature. Moreover, national and international normative diplomas and texts were used, in which it was found that access to rights and constitutional guarantees are unequivocally foreseen in all of them, where, the possible curtailment of the rights of vulnerable classes, such as the prisoners, configures illegality. Finally, it was brought to this article, what was decided in a habeas corpus appeal (RHC 136.961), to highlight the use of the Fraternity Principle in the legal framework, as a way to ease the state of unconstitutional things that configures the Brazilian penitentiary system today.