A atuação da Corte Interamericana de Direitos Humanos e os reflexos na execução penal dos custodiados no complexo prisional do Curado

Abstract

The central object of this monograph is an analysis of the Resolution of November 28, 2018, of the Inter-American Court of Human Rights, as a mechanism to protect the human rights of the prison population of the Curado Prison Complex. The problem that guides the research, in summary, is: given the Brazilian prison situation, notoriously known for its degrading reality, how could the state compensate the prison population for the abuses and illegalities experienced in prison? In this sense, the formation of the Inter-American Convention on Human Rights and the application of provisional measures were addressed, especially through the Resolution of November 28, 2018, issued by the I/A Court H.R. and its applicability to the Curado Prison Complex. In order to provide a basis for the topic under discussion, a qualitative methodology was used, with research into doctrine, law and analysis of judgments from the Federal Supreme Court and the Superior Court of Justice, referring to the double counting of the sentence of those who are or have been in the Curado Complex. Finally, despite the persistent failure of penal execution to guarantee fundamental rights, recent decisions by the STF and STJ are demonstrating the prospect of removing prisoners in this penitentiary from a situation that offends the human dignity, physical integrity and, above all, the lives, not only of all those who are part of it, but also of those who are not part of Curado Complex.