A revista íntima no sistema prisional brasileiro: uma análise sobre a inconstitucionalidade do procedimento
This article aims to analyze the arguments regarding body cavity search’s constitutionality brought to trial at the STF (Brazilian Supreme Court). To this end, the federal and state norms that regulate the body cavity search were systematized in comparison with the restrictions of fundamental rights...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8741500 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 14, Nº. 2, 202230 pags. |
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| Summary: |
This article aims to analyze the arguments regarding body cavity search’s constitutionality brought to trial at the STF (Brazilian Supreme Court). To this end, the federal and state norms that regulate the body cavity search were systematized in comparison with the restrictions of fundamental rights caused by this method of inspection, mainly when it comes to the dignity of the human person, the prohibition of torture, the secondary liability, and family assistance to the prisoner. The disputed positions in ARE nº 959.620/RS at the STF and the reasons for the vote of the rapporteur minister were analyzed. It was concluded that the materials seized in body cavity search represent illegal evidence in criminal proceedings. Furthermore, there is no proportionality relationship between the argument of promoting security and public order in order to defend the constitutionality of this procedure at the expense of the restriction to numerous fundamental rights. |
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