O direito à saúde e a prisão: o caso de uma unidade prisional de Minas Gerais

Abstract

The right to health of persons deprived of their freedom is guaranteed by both the Criminal Sentencing Act of 1984 as the Federal Constitution of Brazil in 1988, however the studies and reports indicate that this right is not realized in the daily lives of the people inmates. The first study is qualitative and was conducted with persons deprived of their freedom, prison officers and health professionals from a prison unit in Ribeirão das Neves, in 2011. Research has shown that according to the perception of the subjects the right to health is universal in the norm, since it is in law, but that really only comes into being for people who have money and there is an eglect of the state and public services. In the prison unit in question, there is a transfer of state responsibility for the family and a refusal of prison officials and health professionals in assigning the right to health of prisoners in disciplinary matters and a moral judgment. The second study is a theoretical essay that puts democracy on one side and another discipline. The contrast of light chains that now stand in the debate for the construction of solutions to the loss of legitimacy of the criminal justice system: efficientism, minimalism and penal abolitionism. Since the first allied himself with a society of control while maintaining the disciplinary rules and increasing the coercive apparatus of the state. And the last two are based on a modification of a society that tends to abolish the penal system and the transfer of solutions to the conflicts of civil society, allying themselves to democracy presented. This debate unfolds the defense that the questioning about the basis on which sit the criminal system should be done, so that it enables the construction of public health policies with the purpose of intervention is aimed at realization of the right.