A aplicabilidade do regime disciplinar diferenciado em face do princípio da dignidade da pessoa humana : segurança social e o viés garantista do Estado

Abstract

This work aims to carry out an in-depth analysis, from a doctrinal-constitutional perspective, of the differentiated disciplinary regime. The historical context of penalties, their purpose, as well as the origin, legal provision, hypotheses, and characteristics of the differentiated disciplinary regime in the current legal system will be explored, taking into account the panorama, in contrast, of the changes brought about by the anti-crime package. Consequently, the paper addresses the analysis of the constitutional conformity of the mentioned regime and examines the interpretation and application of possible constitutional parameters that may be considered violated. Additionally, an evaluation is carried out from the perspective of the proportionality criterion, seeking to adjust its necessity for the benefit of social security, while adhering to the state's guarantor bias. For data acquisitition and analysis, the Inductive, Deductive, and Dialectical methods were employed, along with bibliographic and documentar techniques. The Results obtained at the end study confirmed the constitutionality of the regime in question, the understanding that merely applying it does not solve the issue of criminality and its relation to social security, and the definition of the crime prevention package as a tool to mitigate the social function of penalties and enhace its inhmane nature.