POLÍTICA PÚBLICA CARCERÁRIA:uma institucionalizada violação de direitos fundamentais impulsionada pela criminalização das drogas

Abstract

Considered true medieval dungeons, prisons have served to deposit humans living in degrading conditions, violating the fundamental rights that go beyond the sentence imposed for crimes committed. The problem of chaotic Brazilian prison situation is driven daily by mass imprisonment and the social control of public policy resulting crackdown on illicit drugs. Comparing the theoretical framework of Critical Criminology with fundamental rights in the Constitution of 1988, at its core human dignity, and employing the deductive method, the study aims to highlight the institutionalized violation of fundamental rights by prison policy through social control incident selectively on individuals belonging to disadvantaged or vulnerable classes. The conclusion of the research is that there is no denying the failure of the state and the connivance of supervisory public institutions in the situation surrounding the prison system, compared to the revelations in violation of different fundamental rights, such as torture, starvation, mistreatment, overcrowding, sexual abuse, death, among others, as a form of social control of vulnerable classes.