A morte silenciosa do encarcerado e o direito social à saúde à luz dos direitos humanos: uma análise dos processos arquivados por extinção por morte na Vara de Execução Criminal de Pelotas (2018 e 2019)

Abstract

This dissertation analyzes the death of the inmates who were serving time in the Pelotas Criminal Execution Court in 2018 and 2019, searching for the lawsuits filed for death extinction, focusing on health deaths, under the aspect of devaluation of Social Rights. to Health and the consequent blemish of Human Rights, aiming to identify the reasons for the deaths that occurred in the described time lapse and the possible silence of the State. Therefore, it will be necessary to go through the construction of the dogmatic of Human Rights, seeking to identify if the construction of these Rights is being carried out in prison practice. Afterwards it will be necessary to analyze the historicity of the prison, rescuing the legal project that culminates in stigma and the criminal selectivity in imprisonment. It is essential to analyze the devaluation of the social right to health, considering its legal provision and its factual applicability in the prison environment, as occurs the access to health by the population deprived of liberty and the effectiveness of this right to prevent death. , especially of treatable diseases when the subject is at liberty. Through the confrontation of concepts and the difference between legal forecasting and effective practice, the aim is to demonstrate that the defilement of human rights and social law to the health of this vulnerable population generates a persistent naturalization of violations of social and economic rights. A silent death. Finally, through the concepts developed in the previous chapters, the panorama of the deaths of the inmates is shown, filtered by the filings due to extinction due to death, occurred in 2018 and 2019 (first semester), the method used is the deductive, through the bibliographic- documentary review procedure, to support the studied phenomenon and to conduct empirical research that constituted in the analysis of the processes, by the referred filtering, in the judicial archive of the Pelotas County Court.