Abstract

BANDEIRA, Paloma Gurgel de Oliveira Cerqueira. ANALYSIS OF THE ABUSES COMMITTED BY ORDINANCE 624/19 OF THE SECRETARIAT OF PENITENTIARY ADMINISTRATION OF CEARÁ. Revista Internacional CONSINTER de Direito [online]. 2022, n.15, pp.59-76.  Epub Feb 28, 2023. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00015.01.

This article aims to analyze the constitutionality and legality of Ordinance 624 of 2019 of the Secretariat of Penitentiary Administration of the State of Ceará. The rule in question created a series of obstacles to the rights of prisoners, such as the right to visitation, the right to intimate visitation and the right not to be placed in isolation for more than 30 days, among others under the justification of helping to “preserve security and discipline within the units”. This article aims to analyze the constitutional and legality of the Ceará ordinance, making a counterpoint between the norms contained therein and the Brazilian legal system. To achieve this end, the hypothesis was established that the analyzed ordinance violates the Magna Carta and the infra-constitutional legislation as a whole, being, therefore, illegal and unconstitutional since its inception. We used the method of bibliographic review of specialized doctrine, scientific articles and jurisprudence from Brazilian courts to analyze the present issue that is evidenced in the proposed discussion. It was possible to conclude, in the present study, that the Ceará ordinance promotes a series of affronts of the aforementioned norm to the legal dictates present in our legal system. There is no denying that the fight against crime is an important task to be carried out by the State. However, it is not violating constitutionally guaranteed rights that the State will be able to carry out this attempt, because if it does not offer decent minimum conditions to the inmate, how can it expect his re-socialization while serving the sentence? It is questions like this that make the analysis carried out in this study urgent.

Keywords : Ordinance. 624; Secretariat of Penitentiary Administration of the State of Ceará; Unconstitutionalities; Illegalities..

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