MEDICAL CARE IN THE PRISON SYSTEM IN THE LIGHT OF THE GUIDELINES OF THE PENAL EXECUTION LAW

Abstract

The precariousness of the Brazilian prison system ends up harming the fundamental right to health of inmates, which is characterized as a violation of human rights and the Federal Constitution of 1988. The absence of effective public policies, associated with overcrowding and state negligence, makes the scenario catastrophic, resulting in direct impacts on the physical and mental health of prisoners. The objective of the present study was to analyze the conditions of medical care in the light of the Penal Execution Law and the Fundamental Rights of incarcerated people. Its methodology is exploratory and descriptive methods, using the procedure of bibliographic research with secondary sources. Therefore, urgent changes need to occur in the penitentiary system. It is essential that the State acts with resourcefulness, in order to carry out the necessary actions to guarantee the right to health of the inmates. The results indicate that the inefficiency of the state in relation to the implementation of public policies further enhances inequalities and hinders the entire process of rehabilitation of inmates, making the cycles of social exclusion and criminal recidivism even more evident. Finally, it is concluded that the structural reform of the prison system and the adoption of efficient measures to ensure adequate medical care are of paramount importance to ensure the dignity of prisoners. The study was able to give the necessary emphasis to the need for articulated action between the State, inspection agencies and civil society so that the realization of fundamental rights in the prison environment can actually happen.