A PENA PRIVATIVA DE LIBERDADE: UMA ABORDAGEM DE SUA LEGITIMAÇÃO EM FACE DAS GARANTIAS INDIVIDUAIS CONSTITUCIONAIS E DO PRINCÍPIO DA DIGNIDADE HUMANA

Abstract

The object of this thesis is the study of the State Legitimization of the Penalty of Deprivation of Liberty determined by the Brazilian criminal juridical system. Its objective is to analyse the application of the Penalty of Deprivation of Liberty in Brazil, in light of the constitutional principles and guarantees arising from the principle of Human Dignity, established by the Brazilian Constitution of the Republic in its article 1st., III. The research seeks to contextualize the evolution and recognition of Fundamental Rights, especially that of Human Dignity, throughout history. Alongside the recognition of Fundamental Rights, it was observed that the Penalties gradually became softer, losing their harshness and nature of extreme punishment, and it was concluded that penal sanctions should not only punish those who have committed a crime, but should also Re-socialize Prisoners who, sooner or later, will re-enter society. Finally, as part of the main objectives of this research, it analyzes the elements that lend legal support to Penalties of Deprivation of Liberty, even when their application conflicts with the constitutional principle of Freedom of Movement, which is part of the concept of Human Dignity. In terms of methodology, the Inductive Method was used for this research, supported by the techniques of Referent, Category, Operational Concept and Bibliographic Research