Reflections on the inhumanity of the Brazilian penal rule of law

Abstract

This article intends to highlight and denounce the barbarity of contemporary criminal laws and criminal procedures, in Brazil maintaining that they are no longer applicable and are cruel and unjust and belong to the totalitarian state of the past, but in fact Brazil has become one of the most violent countries in the world, and unfortunately criminal law and criminal prosecutions do not fulfill their role in the protection of society; The relentless increase in violence and crime is closely linked to the ideology of the system of penal rule of law practiced in Brazil and to the impunity it promotes, idolizing the accused and in general, neglecting the victims that the criminal laws and the criminal procedures should protect and whose fundamental rights are enshrined in the Federal Constitution. Still the Brazilian Guarantee of Right to Trial is partial, insofar as that for those in which it is structured disregards the other relational elements essential to any consideration of human rights.