Inconstitucionalidade do regime disciplinar diferenciado: violação dos princípios da dignidade da pessoa humana, da humanidade e da legalidade

Abstract

This study was directed to appraisal of Differentiated Disciplinary Regime in Brazil as well as some aspects of its unconstitutionality. Firstly, was produced a brief statement about the Brazil's prison system. Following, was presented how the standardization of Differentiated Disciplinary Regime occurred at the state level, via the SAP Resolution 26/2001, issued by the São Paulo State. Then was approached the systematization of Differentiated Disciplinary Regime, established at the federal level by Law 10792/2003, covering topics such as definition and lawful nature, characteristics, application hypotheses and procedure for inclusion in the Regime. Furthermore, this paper attempted to show the unconstitutionality of Differentiated Disciplinary Regime's application, given the miscellaneous of its injuries to the principles, fundamental rights and guarantees. At long last, it emphasizes that the unconstitutionality of Regime was analyzed under the constitutional principles of human dignity, humanity and legality.