International Law and incarceration policy

violations of fundamental rights and guarantees of foreign prisoners and inmates in Brazilian Criminal Execution

Abstract

This article has as its object, regarding principles and paradigms of International Law, signed through international treaties and conventions; and provisions of Brazilian criminal execution, through the Criminal Execution Law and other provisions; the analysis of the imprisonment of foreign prisoners in Brazil for crimes committed in national territory. This examination will go through the observation of a series of violations to fundamental guarantees of the prisoner - be it foreign or not - with regard to the national prison policy, raising the focus to the fact that the violation tends to be even more incisive with regard to foreign prisoners, because of their cultural and linguistic condition, in addition to their territorial remoteness. An approach will be made to the concept of sovereignty, understanding that the Brazilian State, although it has autonomy to legislate on internal penal matters, is subject to external control by international conventions and treaties on human rights to which it is a signatory, in order to guarantee the preservation of the international right to human dignity. In relation to solutions of immediate stamp, we will deal with those already adopted in international scope, as the system of international petition, the anticipation of the expulsion of the prisoner, its anticipated transference and the summary deportation. As a long term solution, encompassing greater complexity, there will be a need to review the current model of prison policy, as well as the constitutional jurisdiction itself, which should offer a field of coherence and integrity not only to processes involving foreigners, but to all others, without casuistry and differences between courts.