O tratamento do preso no direito penal internacional

Abstract

Recognition of the juridical guaranties of the convict doesn t coincide with the phase of the criminal law history, what stimulated devaluated judgments over his person. It goes back to the period of the world post-wars this special attention directed to the treatment of the prisoner, caused by the necessity of the internationalization of the human rights. The Letter of the United Nations (1945) established as one of its purposes to promote and instigate the respect to the human rights and to the fundamental liberties of all, including the prisoners who are subjects of law. In 1948, the UNO adopted the Universal Declaration of the Human Rights which among others, mentioned important rights to the prisoners. From that point on, the UNO has taken various international congresses approaching the thematic prisoner , so that in 1955 it approved the Minimal Rules for the treatment of the prisoner. For the implementation of the rights already enunciated, a structure monitoring and control was created, retracted by the regional and global systems. In the global level, the International Pact of the Civil and Political Rights is detached for prescribing important and specific rights to the prisoners, as well as the Convention Against the Torture and Other Treatments or Cruel Penalties, Inhuman or Degrading. In the regional level, the interamerican system is emphasized only in reason of the geographic position of Brazil. In such a system The American Declaration of Men s Rights and Duties is pointed out, and also The American Convention of Human Rights, for being scrupulous as to the rights and guaranties of the prisoner and The Interamerican Convention to Prevent and Punish the Torture, too. All those mechanisms have the prerogative to make the state responsible for the violations caused to the human rights imposing sanctions without judicial power. The massive violations to these rights provoked by individuals that acted in the name of the state aroused the need of a new juridical order, a globalized justice, unrestricted to the national frontiers and based in the international cooperation, which caused the internationalization of the criminal repression as an answer to the individual impunity, materialized by the International Criminal Court. At last, contemporary theories are approached about the criminal reaction, in other to be showed the way to the transformation of the prisons, to correspond to the affirmation and internationalization of the human rights