INTER-AMERICAN COURT OF HUMAN RIGHTS AND THE MASS INCARCERATION: AN ANALYSIS OF CASES OF PENITENTIARY COMPLEX OF PEDRINHAS AND CURADO

Abstract

This paper aims to study the violations of human rights resulting from the mass incarceration policy in the light of the jurisprudence of the Inter-American Court of Human Rights, focusing on the cases of the Pedrinhas Penitentiary Complex and the Curado Penitentiary Complex, where Overcrowding, torture and rebellions were reported, leading to the deaths of dozens of prisoners. It will also be explored how the current Brazilian criminal policy has impacts on society, marginalizing the black and poor portion of the population, and, in addition, influencing the current crisis of the penitentiary system. The method adopted for the development of the work was the hermeneutic-deductive survey of bibliographic data, plus documentary research on the cases. In addition to literature, the research used information drawn from legislation and jurisprudence of the Inter-American Court. Finally, we seek to examine alternatives to imprisonment in order to unburden the penitentiary system and adapt it to the minimum international standards enshrined in international treaties and the jurisprudence of the Inter-American Court.