Excesso de Execução Penal. Grave Violação aos Direitos Humanos. Consequências

Abstract

The purpose of this work is to take into consideration the chaos of the Brazilian prison system, both in the prisons as well in the jails, and the consequences of encarceration under inhuman and degrading conditions in confront with the constitutional principles of humanity, dignity and respect of the physical and moral integrity of the detainees despite the legal protection granted by the law and the international treaties. The excessive or improper execution of the penalties that configures the illegality of the punitive power of the State, and consequently the judicial trial about a possible compensation for moral damages, arising from criminal executions in violation of the sentences; yet, the applicability, in Brazil, of the “generic habeas corpus”, a third species aimed at cessation of physical and moral violence suffered by detainees, and the possibility of the “collective habeas corpus”. The research took into consideration the legislation on the subject and the decisions of the courts, and the conclusion was the urgent need for resumption of legality.