TRANSSEXUALS IN THE BRAZILIAN PRISON SYSTEM: a view of the legal aspects and the applicability of the principle of human dignity.

Abstract

This article aims to examine Article 1 of the 1988 Federal Constitution, which guarantees all Brazilian citizens the principle of human dignity, and its applicability in the treatment of transgender people in the Brazilian prison system. Thus, it can be analyzed through research and reports that this right and many others are not respected and applied effectively, thus favoring a high worsening of the scenario of sexual, physical and psychological abuse of this social minority. This work intends to analyze the failure of the punitive system in Brazil, since justice progressively punishes transgender people ineffectively and inhumanely, who have entered this world of crime. In this sense, there is an omission of the effectiveness of the criminal execution law, mainly a violation of the principle of human dignity, a fundamental right inherent to all citizens. To answer these questions, the deductive method will be used, with the performance of bibliographic and documentary research. Thus, it is emphasized that this research has a legal-sociological view of Law.

KEYWORDS: Transsexuals; Prison system; Human dignity