A execução penal do condenado por estupro

Abstract

The crime of sexual violence possess a historical and cultural context of domination of the male sex marked during the history of the humanity, by the repression to the female sex. The rape crime is hideous, subject to the hardening of the current law. Although the author of the crime has the right to have a fair criminal execution.The Brazilian penitentiary system completely is chaotic, due to the lack of organization and the lack of implantation of public politics, since the punishment by confinement started in the history of Brazil. There is an urgent need of analysis and reflection of what have to be modified, because the minimum of the ideals and objectives of the legislation were never applied. In century XXI with the consecration of the human rights and the existence of the International Conventions it is verified total lack of jail structure, shown for the breaking of the human rights of the prisoners. In this context, the rapist is hostage of a code of conduct created by the prisoners and in consequence, they are punished of triple way: in first place by the State; second, for being hostages of jail system chaotic and, finally, for the sexual violence, discrimination, isolation, practised by prisoners themselves, as a ritual of revenge and sadism. Facing this sad reality, a viable solution for all these problems must be searched: The first one would be the separation of the prisoners, which already exists in São Paulo, in a proper penitentiary for sexual criminals; second, would be the implementation of work, education and ressocialization programs, with the aim to reintroduce the sentenced one in the world outside the penitentiary. And the third one, it´s applying public politics, in partnership with the society and family of the convict to improve the two previous solutions mentioned