A superlotação carcerária: ausência de políticas públicas-ofensa aos direitos da personalidade

Abstract

This work seeks to analyze the prison overcrowding and the absence of public policies aimed at solving this social problem, which, as a result, offends the inmates' personality rights. Unsurprisingly, the Brazilian penitentiary system does not fulfill the role of re-socialization in the life of those who have committed a crime and are under the tutelage of the State. As if the aforementioned failure were not enough, the situation of the prisons is catastrophic and harmful to the inmates, who live in degrading and inhumane conditions, a context that causes serious affronts to the prisoner's personality rights, such as his physical, mental, and, in many cases, unfortunately, even life. Given the chaotic panorama, this work seeks to discuss this complex and extremely relevant topic for the entire society, considering that the prisoner who is currently serving his sentence under the circumstances already mentioned, will return to social life shortly. As a rule, the one who obtains freedom and returns to society ends up delinquent again. The methodology applied used a literature review, through a survey of available publications on the proposed topic, literary works, and articles, to understand the function of the penalty, as well as the role of policies aimed at a solution, even if in the long term, the problem of prison overcrowding and, thus, assure that the rights of the prisoners' personality can be guaranteed.