PENALTY PRISON AND ITS DESIGN LEGAL NATIONAL AND INTERNATIONAL: MISMATCHES WITH REALITY SYSTEM OPERATING BRAZILIAN PRISON

Abstract

This article aims to portray the reality of the Brazilian prison system, through a bibliographic mapping, and as a source of research data collected within the various prisons of the country. First, it seeks to demonstrate that the prison system does not require legislation, since both nationally and internationally, the legislative framework recognizes that the situation of deprivation of liberty, not deprives the subject of character holders citizens rights and duties of citizenship. Already in a second step, the turns reflection more precisament par analysis about the incongruity between theory (size national and international programmer ) , and practice ( operational reality )  seeing that, as the Brazilian prison system is protected terms of ensuring human rights, the everyday reality of national prisons proves the premise that these are true exclusion factories and violation of rights.