Dignidade violada na inconstitucionalidade da execução penal que limita a saída temporária do preso

Abstract

The objective of this article is to analyze the unconstitutionality of the criminal execution that limits the temporary release of prisoners serving their sentences, the so-called “saidinha”, which violates the principle of human dignity. Temporary release is one of the benefits that prisoners have to increase family ties and reintegrate into society. This benefit is highly questioned by civil society, due to some prisoners committing crimes when they enjoyed temporary release to visit family members or to take courses and, some of them did not return to the penitentiary system. Thus, this study emphasizes the singularities of constitutional law and the violations of this right, regarding the principles of human dignity and the benefit gained by the behavior of the convict. In this analysis of the context, the aspect of the restriction on the right of the agent in resocialization and his return to the social and family environment. The methodology adopted was the hypothetical deductive method, using as the main research technique the survey of theoretical references through documentary analysis in printed books, scientific articles and electronic magazines, in addition to the analysis of Constitutional and Infraconstitutional legislation involving the topic.