Instituto Penal Plácido de Sá Carvalho: estudo de caso, no âmbito da Corte Interamericana de Direitos Humanos, e a superlotação crônica das unidades prisionais brasileiras.

Abstract

The november 22nd 2018 Resolution of the Inter-American Court of Human Rights determined that, due to the prison overcrowding at the “Plácido de Sá Carvalho Penal Institute”, and the resulting human rights violations regarding the prisoners who lived in that establishment, each day of freedom deprivation served in that location should be counted twice, except for those convicted and accused of sexual crimes or crimes against physical integrity and life. The importance of this case study lies in the analysis of the aforementioned provisional measure and its legal effects in the Brazilian criminal sphere, from the perspective of fundamental rights, enshrined in the 1988 Brazilian Federal Constitution, and Binding Precedent 56 of the Supreme Federal Court (STF). Furthermore, the research aims to establish the relationship between chronic prison overcrowding in prison establishments and the actions of the Judiciary in the context of the sentence execution, in addition to analyzing how Binding Precedent 56 from STF fits into this context. The descriptive research used in this course conclusion work is theoretical-bibliographical and was carried out using a qualitative approach, using the inductive method, seeking to interpret and understand decisions of national and international Courts regarding prison inflation.