Abstract
This research aims to assess the role of the Brazilian Judicial Power in the protection of human rights in prisons, in the light of the actions of the STF and the ‘National Council of Justice’ (CNJ). Initially, from the division of Powers in the Brazilian State, it is conducted a survey of the competences in the Brazilian State to the management of prisons and to the protection of human rights in prisons; subsequently, it is studied the role of the Judiciary in protecting these rights, based on the analysis of the STF and the CNJ actions. As a result, initially, it was found that the violation of human rights in prisons is not something new in Brazil and it reflects other structural problems in Brazilian society, such as the great social inequality and the systemic racism. This violence is worst to women and to sexual minorities, due to either action or omission from the State institutions. In the end, it was found that the STF has important decisions in favor of the protection of the human rights in prisons; however, some decisions of the same court, which toughen incarceration measures, have had an impact on the worsening of the chaotic situation of the Brazilian prison system. Additionally, the CNJ played an important role in monitoring and promoting the protection of human rights in prisons. The method applied in the development of the research is the inductive method, by which it tries to reach a general conclusion from particular data.
Highlights
In Brazil, hundreds of thousands of people are held imprisoned.1 Brazilian prisons are known for their persistent human rights violations: overcrowded, filthy and unhealthy cells; without guarantee of basic hygiene products or adequate food, lack of drinking water and constant violence
It is discussed the role of the Judiciary in the protection of rights and it is examined the role of the Brazilian Supreme Court and of the National Council of Justice in human rights protection
3.1 The branches of Brazilian State and its impact in prison maintenance Among this division of the Constitutional Power in branches, there is a classification of different functions or jurisdiction that are ‘typical’ and ‘atypical’
Summary
In Brazil, hundreds of thousands of people are held imprisoned. Brazilian prisons are known for their persistent human rights violations: overcrowded, filthy and unhealthy cells; without guarantee of basic hygiene products or adequate food, lack of drinking water and constant violence. Brazilian prisons are known for their persistent human rights violations: overcrowded, filthy and unhealthy cells; without guarantee of basic hygiene products or adequate food, lack of drinking water and constant violence. In these places, women, pregnant women and sexual minorities are especially affected. These violations go from lack of resources and investment in the facilities to the lack of dignity of the treatment that prisoners receive from the administration. 347, due to the serious violations of human and fundamental rights in Brazilian prisons The expression was used by the Brazilian ‘Supreme Federal Court’ (STF) to describe the Brazilian prison system, in the ‘Action for Breach of Fundamental Principle’ (ADPF) n. 347, due to the serious violations of human and fundamental rights in Brazilian prisons
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