Análise do regime disciplinar diferenciado, perspectiva (in) constitucional (lei 10.792/2003)

Abstract

The intention with this thesis to analyze the evolution of the sentence, arguing the solitary confinement, namely the Differentiated Disciplinary Regime, by analyzing its constitutionality, a topic of doctrinal controversies. At first the paper analyzes the evolution of the pen, with the emergence of democratic rule of law, which regulates the social life, but also to the evolution of the right to punish the state. Later we talk about the purposes of punishment and its major theories justificadoras the constitutional principles and the types of criminal punishment existing in our legal system. Then treat the differentiated disciplinary regime, we highlight its origin, method of implementation, procedure of inclusion and especially its discussion on the constitutionality of its application, without, however, allow any disrespect to human dignity.