PESSOA HUMANA, DIREITO PENAL E O CÁRCERE NACIONAL

The legal-scientific approach adopted here focuses on issues that historically and politically require special attention and vigilant care on the part of the State and society in general, unfolding over the human person, Criminal Law, fundamental rights and guarantees, national prisons, the resocializing penal model and public penitentiary policies. The theoretical approach reveals itself as erudition that does not ratify or cover up discordant and flawed knowledge under a legal basis founded on social and normative values ​​that are outdated in the current development of Criminal Sciences. The discursive themes, however, are capable of revealing sensitive and unavoidable debates on criminal matters and criminal enforcement in the Federative Republic of Brazil. The theoretical and pragmatic excursion calls for reflection and critical thinking from the reader, whether beginner or advanced in Legal Sciences, serving as a good dose of reason on what is understood as basic and conditioning themes of legal knowledge, important elements and core content for the expected structuring and gnosis of the Democratic State of Law. Ex positis, an analysis is provided through historical-legal-philosophical thinking, which takes advantage of propaedeutic and specialized studies of Law, reintroducing into the public-social and academic scenes a new perspective on facts, objects, values, norms, institutes, institutions, punitive mechanisms and the interrelationships of phenomena given in the prison locus. Finally, the guided digressions prove to be imperative to the development of vectors that contribute to the re-discussion of Law as an instance of political-social security, legitimization of human freedom, limitation of state power and denial of states that are denatured to the enlightened, guarantor and democratic purposes of supporting human dignity and the affirmation of peace of rights. Thus, the critical-reflective paths promoted fall on the investigation of the (in)existence, (in)applicability, (in)effectiveness and (in)efficiency of regulations in environments of provisional or definitive safeguarding of the subject of rights and duties, whether in the degree of suspension, mitigation or restriction of benefits.