A atuação do Sistema Interamericano de Proteção dos Direitos Humanos em situações de violações de Direitos Fundamentais da Pessoa Privada de Liberdade: Estudo sobre o Caso Urso Branco

Abstract

Brazilian prisons, mostly overcrowded, do not have adequate physical and functional structures to the Penal Execution Law and other international standards, generating, instead of the promise of guaranteeing the security, integrity and reintegration of prisoners, the violation of several of their rights, as occurred in the case of Casa de Detenção José Mário Alves da Silva, known as "Urso Branco", located in Porto Velho, Rondônia, scene of revolts and bloody rebellions, with more than 100 murders. Due to the extremely serious and urgent situation in which it found itself, this prison unit was the target of provisional measures issued by the Inter-American Court of Human Rights – an organ of the Inter-American System for the Protection of Human Rights, belonging to the Organization of American States – to preserve life and avoid irreparable damage to the people gathered there, visitors and employees. In this scenario, the present research aims to analyze the performance of the Inter-American Court, based on the study of the provisional measures issued and to evaluate whether it contributes, in fact, to overcoming the omissions and inadequacies reported, as well as to demonstrate the influence of these provisional measures on Brazilian domestic institutions.