A promoção, proteção e garantia dos direitos humanos da pessoa reclusa: uma revisão bibliográfica e documental da realidade brasileira

Abstract

The present Undergraduate Thesis (TCC), entitled “The Promotion, Protection, and Guarantee of Human Rights of Incarcerated Persons: A Bibliographic and Documentary Review of the Brazilian Reality”, aims to identify, through specialized literature, the main factors that impact the guarantee of human dignity within the prison system, thereby examining existing policies focused on the implementation, protection, and assurance of human rights in penal institutions. The specific objectives are directed toward describing the structural and organizational conditions of penal institutions based on specialized bibliographic sources on the subject. In addition, it aims to investigate, in light of national and international legislation, the occurrence of practices involving cruel, inhuman, or degrading treatment within prisons, analyzing the legal mechanisms for prevention, control, and accountability established in the Brazilian legal system. Finally, it seeks to identify, from the available data, the compatibility between the occupancy capacity of Brazilian penal institutions and the standards set forth by legislation and international human rights treaties. To achieve the proposed objectives, documentary and bibliographic research were fundamental for the collection and analysis of the data studied. In this regard, the findings of this study indicate that the structural conditions of penal institutions are decisive for the implementation of institutional guarantees aimed at ensuring human rights within Brazilian prisons and, at the same time, represent their main obstacle.