OS DIREITOS FUNDAMENTAIS DAS PESSOAS COM DEFICI�NCIA NAS PENITENCIÁRIAS

Abstract

THIS ARTICLE AIMS TO ANALYZE THE SITUATION OF PEOPLE WITH DISABILITIES IN RELATION TO SOCIETY AS A WHOLE, ESPECIALLY THOSE IN PRISON, AS WELL AS TO VERIFY TO WHAT EXTENT THESE PEOPLE ARE, OR NOT, SOCIALLY INTEGRATED AND HOW THE LAW HAS CONTRIBUTED IN THIS REGARD. THIS WORK FIRSTLY DISCUSSES THE HISTORICAL EVOLUTION OF PEOPLE WITH DISABILITIES, IT ALSO BRINGS THE CONCEPT OF DISABILITY. SUBSEQUENTLY, IT PRESENTS THE PRINCIPLES OF HUMAN DIGNITY AND EQUALITY, PROVIDED FOR IN THE FEDERAL CONSTITUTION OF 1988, AS WELL AS ADDRESSES LAW NO. 13,146/15. FINALLY, IT ANALYZES THE CONDITIONS EXPERIENCED BY INMATES WHO ARE DISABLED IN BRAZIL, WITH THE AIM OF VERIFYING WHETHER THEIR RIGHTS ARE PROPERLY RESPECTED. THIS IS A CURRENT AND CONTROVERSIAL ISSUE, CONSIDERING THAT IT IS AN UNQUESTIONABLE SOCIAL PROBLEM THAT CAN HAVE SERIOUS CONSEQUENCES FOR SOCIETY, SUCH AS THE LACK OF RE-SOCIALIZATION OF INMATES. FURTHERMORE, THE TREATMENT GIVEN TO THEM IS UNCONSTITUTIONAL, ESPECIALLY WHEN IT COMES TO PEOPLE WITH DISABILITIES, WHO SHOULD, WITHOUT A DOUBT, DUE TO THE CONDITION THEY FACE, RECEIVE DIFFERENTIATED TREATMENT, WHICH IS WHY DEVELOPING THIS TOPIC IS OF GREAT IMPORTANCE FOR LEGAL SCIENCE, AS WELL. AS FOR SOCIETY. THE METHODOLOGY APPLIED IS THE BIBLIOGRAPHIC COMPILATION, USING AN EXPLANATORY APPROACH. THUS, THE RELEVANT DOCTRINE AND LEGISLATION WILL BE USED.