The Federal Penitenciary System and the violation of prisioner’s rights:
a critical reflection of the selection criteria of Brazilian enemies of the states
DOI:
https://doi.org/10.46901/revistadadpu.i09.p%25pKeywords:
Law of Criminal Enforcement. Federal Prison Department. Enemy Criminal Law. Supermax security prison. Solitary confinement.Abstract
This paper intends to examine the violation of individual rights of prisoners included in the Federal Prison Department. Although the parameters of inclusion and transfer of inmates to federal penitentiaries are provided for by the Law nº 11.671/2008 and the art. 3º of Decree 6.877/2009, there is no clear definition that objectively delimits the cases of submission to the new regime. In this sense the failure of strict legality on the normative fixation of such cases, combined with the characteristics of federal prisons themselves, generates constant violation of prisoners’ individual rights. It is, therefore, another form of expressing the Enemy Criminal Law in the Brazilian legal system.
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