DESUMANIZAÇÃO NO SISTEMA CARCERÁRIO: FALHAS ESTRUTURAIS E PERSPECTIVAS PARA A RESSOCIALIZAÇÃO

Abstract

This work is bibliographical research with a qualitative approach, where it is intended to define the condition of the prison system, what the legislation guarantees to imprisoned citizens or not, the dehumanization of the system and to discuss the perspectives of resocialization in the face of restorative justice. The inefficiency of the Brazilian prison system is notorious. One of the biggest problems resulting from the neglect that is observed in the prison system is the violation of human rights. This violation occurs repeatedly, as individuals are deprived of their characteristics and individuality, freedom and the right to be seen by society as a person. The human being is injured by the prison system when one observes the overcrowding of penitentiaries, precarious health, hygiene and food conditions and the absence of public policies aimed at improving the system. In 2015, the STF recognized an Unconstitutional State of Affairs (ECI) in the Brazilian prison system, caused by generalized norms of fundamental rights and repeated state inertia. More than seven years after its enactment, little or nothing has changed in the reality of the thousands of detainees shown, daily, to inhuman conditions of imprisonment. Faced with this situation, restorative justice emerges as a form of composition between the parties that were expected by the crime and, also, that seeks a real resocialization of the prisoner. It can be concluded that the current prison system needs to undergo a change in order to be effective and must be reformulated so that it meets its objective and assumes a commitment to the improvement of society as a whole.