O Habeas Corpus coletivo 172.136/SP e seus reflexos no Sistema Penitenciário Federal: análise do cumprimento e desafio à luz dos direitos humanos

Abstract

This work analyzes Habeas Corpus Collective No. 172.136/SP and its impact on the Federal Prison System, highlighting a decisive milestone in the fight for human rights and dignity in incarceration. The decision of the Federal Supreme Court, which guaranteed the right to outdoor exercise for all prisoners, including those subjected to the Differentiated Disciplinary Regime, exposes tensions between public security and the protection of fundamental rights. In a context of overcrowding and degrading conditions, this research questions whether practices such as the use of sunlight rooms in cells comply with legal, constitutional, and international principles. Based on legislation, case law, and treaties such as the Mandela Rules, the study unveils practical and legal challenges encountered in implementing basic rights in the prison system. By addressing the need to balance security and dignity, it analyzes and reflects on the role of the State and society in shaping public policies that foster justice, humanity, and respect for democratic norms.