A aplicação da visita íntima sexual como mecanismo de reinserção social do apenado em penitenciárias brasileiras como pressuposto do princípio constitucional e internacional da dignidade da pessoa humana

Abstract

The right to an intimate visit within the Brazilian penitentiary is expressed in art. 41, item X, of Law no. 7.210 / 84, the so-called Law of Penal Executions - "LEP". However, under the prism of common sense and understanding of some authors and jurists, the exercise of this right would be adequate within penitentiaries. The DEPEN (National Penitentiary Department), making it difficult to practice intimate visits within prisons through Ordinance No. 327, states that "the visit with physical contact and intimate encounter has been used as an effective means of spreading messages between prisoners and relatives, serving as a tool for coordinating and executing orders to benefit criminal organizations "1. The controversy between these two interpretations generates a great discussion, observing the scope of the human rights, guaranteed constitutionally and the moral and value question when observing the condition of the given individual like criminal. The problematic of the subject is in the disrespect to the rights of the prisoners, according to their condition. Is the right to an intimate visit a regalia, or should it be treated as a right guaranteed by a positive norm? In light of the Principle of Reeducation, its scope is to render effective the fulfillment of the criminal sentence of condemnation to the defendant, as well as the social reintegration of the victim (Law nº 7.210 / 84). This is not intended to restrict all rights of the individual (and could not), and with that to extract it from society, but to seek measures to reintegrate it into the social environment. Nevertheless, the visitation of the spouse may be suspended or restricted by the director of the penitentiary. Prior to the date of publication of the LEP, the practices of these intimate visits occurred in a completely unstructured way, through the setting up of tents in certain places of penitentiaries, as there was no structure to guarantee it.