RETROSPECTIVE OF PUBLIC HEALTH POLICIES IN THE BRAZILIAN PRISON SYSTEM

Abstract

Access to health services by persons deprived of liberty is provided through state guarantees. Seeking to optimize this access, the National Policy for Comprehensive Health Care for Persons Deprived of Liberty in the Prison System was created. Even after nine years of the institution of the Policy, unhealthy conditions are observed in prison systems. Thus, this research aims to analyze the Brazilian legislation on the issue of providing comprehensive health care available to detainees. A long road has been traveled to materialize this Policy in the Prison System surrounded by international treaties that prioritize human rights and other documents, sanctioned since 1948, spread the international essence of human rights. The Penal Execution Law guarantees that all persons deprived of liberty have the right to full access to health, guaranteed by the State. These guarantees and rights are also advocated by the Federal Constitution of 1988. However, it is a recurring theme in several debates on fundamental rights, as it is a complex environment. With the study of legislation, observing the evolution of public policies dedicated to prisoners, it was possible to analyze the development of legislation in favor of these subjects in the search for the promotion of rights guaranteed both in international agreements and in Brazilian legislation, and the occurrence of factors such as the non-compulsory institution and implementation of public policies prevent the rights of detainees from being fully fulfilled, as established in the legislation.