VIOLATION OF HUMAN RIGHTS IN BRAZILIAN PRISONS Juliette Fratelli Achiamé

Abstract

This paper aims to analyze the violation of human rights in Brazilian prisons due to inhumane and degrading treatment resulting from prison overcrowding. The Supreme Federal Court ruled on Extraordinary Appeal No. 580,252, recognizing the current prison situation in Brazil and the unconstitutional state of affairs in which they find themselves. The paper initially addressed human rights and the minimum guarantees provided for in the UN Declarations for people deprived of their liberty by the State. At this point, it also questioned whether the soft law rules known as the ‘Mandela Rules’, ‘Tokyo Rules’ and ‘Bangkok Rules’ generate binding obligations for UN Member States, such as Brazil. The paper then sought to compare these prisoners’ rights with the Brazilian prison situation, especially in relation to health care, education and work for prisoners. Finally, the issue of compensation granted by the Supreme Federal Court in favor of prisoners subjected to these conditions that violate human dignity was addressed. To develop this work, the technique of bibliographic and documentary research was used, in light of the positivist and post-positivist framework, which resulted in a descriptive study, but which allowed questions to be raised for future research and studies, such as the basis and assessment of damage to human dignity in the Brazilian penitentiary system.