Epifenômeno do desencarceramento na pandemia de covid-19

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Abstract

It is not new that the Brazilian prison system reflects a complete Unconstitutional State of Affairs. It is also not new that the Covid-19 pandemic has aggravated asymmetries and accentuated violations of human rights in different contexts, as well as in the Brazilian prison system, which has not been immune to this scenario of precariousness and denial of rights. Overcrowding, unhealthy conditions and the minimum lack of hygiene and health became more visible with the onset of the pandemic, opening up space for normative recommendations for extrication and the search for alternatives to prison in the face of the risks of high rates of contagion among the population. prison and public officials. However, the pandemic scenario was not enough for extrication measures to consolidate as a judicial policy. With the end of the pandemic and high vaccination coverage, the criminal justice system seems to have returned to its normal functioning, leaving aside a set of guidelines issued by the Conselho Nacional de Justiça (CNJ), as if they were left to the condition of unlearned lessons. In this study, we are dedicated to problematizing the scope of Resolution nº 62/CNJ as an instrument of criminal policy, particularly of extrication in a scenario marked by the spread of Covid-19 in the prison system and the naturalization of violations of the fundamental Human Rights of people deprived of freedom. For this purpose, data systematized by the Subprojeto Covid-19: Populações Vulneráveis do Estado de Sergipe, the Instituto de Defesa do Direito de Defesa (IDDD) and the Departamento Penitenciário Nacional (DEPEN) were used, as well as specialized literature on the subject.