O acesso à educação no sistema carcerário de Minas Gerais no período de 2016 a 2019

Abstract

The research aims to examine the academic and scientific production, relating them to data made available by the state of Minas Gerais, to resolve doubts about how the government has done to guarantee the fundamental right to education to prisoners. Faced with such analyses, we will notice the discrepant disobedience about what is formally foreseen in laws and what happens in practice, when dealing with the state of Minas Gerais, as to the availability for such guarantees to consolidate materially. In this way, it is sought to find out if educational resources are made available in prison so that inmates can enjoy their constitutionally guaranteed rights. In addition, it will be necessary to discuss the problems in the conditions under which education is developed in the prison unit. The specific objectives are directly related to the delimited object as a theme, being they: (i) identify what education means; (ii) explore what are the main characteristics of the prison; (iii) identify who they are, as a rule, prisoners, as well as their social and economic characteristics; (iv) identify which legislations deal directly or indirectly with the right to education in the national prison system; (v) discuss what the right to education in prison means; (vi) identify statistics made available on the websites of the State of Minas Gerais, to analyze how means are offered to guarantee this right; and (vii) explore the mismatch between the right to planned education and the right to offered education. Using the work of Carlota Boto (2005), the study will reconcile the theme of education outside prison, in order to conceive it in a generic way, aiming to highlight its importance within the prison system, through scientific articles that have made a thorough analysis about how such a right is positive and highlighting its importance for the prison to fulfill its main functions. The data will therefore be collected through a document survey on websites, legal and normative provisions, such as the Criminal Execution Law, the Federal Constitution of 1988, the International Declaration of Human Rights, as well as jurisprudences and summaries. However, we start from the hypothesis, to be proven, that there is a certain mismatch between the foreseen right and the guaranteed right, which is affecting daily the enjoyment of the said right to prisoners. This time, some questions guided the present study, such as: what does the right to education in prison mean? What does the law, the jurisprudence, the doctrine, the specialized literature provide? And what do the data say? What is the current state of care for the right to education of prisoners in Brazil? And in Minas Gerais? The relevance of this study, therefore, is justified in view of the current social, political and economic scenario, considering that the constant education in the prison system is of imperative importance.