A violação dos princípios, direitos e garantias constitucionais na aplicação da pena ao agente que comete o crime de estupro

Abstract

This study aims to demonstrate the violation of constitutional principles in the execution of the sentence imposed on the offender who commits the crime of rape and the methods used to state law enforcement since violates fundamental precepts contained in constitutional principles. For the construction of this research there were some questions as: What is the State's responsibility in the face of aggressions by the rapist in their custody? The fundamental human rights actually guaranteed? What does the State to ensure the integrity of its inmates? These are just some questions that served to guide this study. We attempted to do so, the legal concepts on the subject beyond the principles underlying the doctrine of state responsibility, the law and jurisprudence. The work is based on trusted authors who could contribute their thoughts and theories important. Intends to demonstrate concepts of criminal substantive law crime of rape and its relation to the principle of proportionality, discussing legal aspects of Law 12.015/2009. We examine the consequences of violation of the rights of the state and posture before the facts where its omission occurs. This work also demonstrates that the proportionality principle is a principle of constitutional adequacy and core as the "prohibition of excess" of entering the individual rights of the convict, who is entitled to be sentenced as proportionate to the offense committed as a parameter justice and just measure. Finally, expresses some suggestions and responsibilities of the state as a way to ensure the integrity of the detainee's custody.