O impacto da pandemia coronavírus no sistema carcerário brasileiro frente à garantia dos direitos da personalidade

Abstract

This study aims to demonstrate the vulnerability of inmates serving sentences in the Brazilian prison system in the face of a pandemic scenario, in the face of lack of infrastructure and overcrowding, which ends up aggravating the situation of the spread of the COVID-19 disease within this environment. The State's failure to adopt methods to contain the spread of the virus in the prison system will also be analyzed, highlighting the direct violation of personality rights in which the incarcerated person's dignity and physical and mental integrity can be highlighted. Furthermore, it will also be shown that inmates in the Brazilian prison system are exposed to various conditions that result in a more favorable scenario for the spread of the disease, considering that these individuals are confined in overcrowded cells, with poor ventilation and extremely poor hygiene. Thus, it will be observed, in the research, that the most effective methods for the containment of the disease would be social isolation by applying measures of extrication to groups considered at risk and thorough cleaning of the prison environment. Thus, the negligence and omission of the State to act effectively and efficiently in public health to combat the advance of the disease in the Brazilian prison system will also be highlighted, as it did not apply any measure that would significantly impact the situation of inmates. Finally, the work sought to present how the authorities dealt with the crisis, what measures were taken to curb the spread of the disease considering the complexity of the prison scenario, as well as the personality rights of these individuals who are being directly violated.