Prisão especial para diplomados antes da condenação definitiva: a (in) constitucionalidade ante o princípio da isonomia

• Autor(a) principal: Silva, Paulo Marcos da
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6168
• topic: Prisão; Igualdade; Inconstitucionalidade

This monographic work aims to analyze if the special prison for graduates violates the principle of isonomy provided for in art. 5 of the Federal Constitution. As for the level was applied by the exploratory method. As for the method of approach, the qualitative approach was used, because by reading doctrinal works, we sought to understand the justifications for the special prison for graduates. Regarding the data collection procedure, the literature was used through research in doctrines, scientific articles and the Law itself. According to studies in doctrine and other scientific articles, special imprisonment has emerged as a mode of protection for some people because of their position or function. However, there is no basis for people who hold a college degree to benefit from this institute, as it is not the simple fact that a degree does not put the person at risk of having their physical integrity violated, but the subhuman conditions in that prisoners live within Brazilian prisons. Therefore, the right of persons with higher education to stay in special cells should be extended to at least all provisional prisoners, because using the presumption of innocence is not fair for a hitherto innocent person to be placed with those who already have proven your fault. Therefore, it is concluded that the special prison for graduates violates the principle of isonomy contained in art. 5 of the Federal Constitution, because we must be treated equally provided that this treatment does not endanger the physical integrity of the human being.