Compensação penal e o caráter qualitativo da pena privativa de liberdade no Brasil: análise da possibilidade de compensação aos custodiados da penitenciária Major PM Eldo Sá Corrêa

Abstract

This final work presents an analysis of the Inter-American Court of Human Rights resolution of November 22, 2018 as an instrument of human rights and dignity protection of prison population. In addition, it presents an analysis of the qualitative character of custodial sentence as a way of perception about the factual reality of prison, and using it in the quantification of the sentence to obtain a fairest sanction, considering the real conditions of the criminal execution. The general aim of the research is to analyze the prison sentence qualitative character for the application of the Resolution November 22, 2018 of the InterAmerican Court of Human Rights criteria to the population in custody of the Major PM Eldo Sá Corrêa Penitentiary. In this regard, data from the National Penitentiary Department were used as a basis to analyze the conditions of criminal execution in Brazil, especially in the Penitentiary chosen in this final work. About the scope of approach, this research is qualitative, seeking for details of the freedom deprivation conditions in this prison unit. As a result, there was an exposure of the PM Major Penitentiary data, referring to the criteria of the Resolution already mentioned, to analyze the possibility of application of the penal compensation institute to the incarcerated people in this unit. At the end of the research, it was demonstrated the reality experienced by these population in custody during their criminal execution. In this way, is concluded that the penal compensation, with the reckoning of the double penalty time, might be applied to the prisoners of the Major PM Eldo Sá Corrêa penitentiary as way of reparation to the illegal conditions of sentence enforcement, as well as protection to life and guarantee of the Human Dignity Principle.