THE QUALIFIED STRUCTURAL PROBLEM OF TRANSEXUALS IN THE BRAZILIAN PRISON SYSTEM AND OF POSSIBLE SOLUTIONS TO OVERCOME THIS STATE OF THINGS UNCONSTITUTES
DOI:
https://doi.org/10.5752/P.2318-7999.2024v27n53p317-341Keywords:
Brazilian penitentiary system, Transsexual, Unconstitutional state of affairs, Qualified structural problem, Gender identityAbstract
This article aims to analyze what has been called a "qualified structural problem" of the treatment granted to the transsexual population in the Brazilian prison system, from the perspective of the theory of the unconstitutional state of affairs, based on reports of violations of rights suffered by these people, as in the case involving the Penitentiary Complex of Curado, indicating possible solutions. We opted for an exploratory research with the use of literature review and qualitative data analysis, which made it possible to infer, in the end, that the Judiciary must always exercise strong judicial control (activism), the realization of the rights of this minority group in vulnerable situation, being recommendable the approval of laws that set deadlines and goals for the Executive's performance in promoting fundamental rights, that the appropriate budget allocation be made for the adoption of the necessary measures, including the adaptation of the physical space of the prisons, in addition to the setting deadlines and goals by the Supreme Court and the National Council of Justice, in the exercise of their powers, aiming to overcome this unconstitutional state of affairs, an example of what I'm wrong with the implementation of custody hearings throughout the country.
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