ANÁLISE CRÍTICA DA JURISPRUDÊNCIA BRASILEIRA ACERCA DO DIREITO DO PRESO ESTRANGEIRO

Abstract

Work on the screen listing the main objective discussions about the rights of foreign prisoners located in Brazil. Due to lack of specific legislation regulating these subjects of law, it must be based on existing tried that form the Brazilian case law, analyzing the cases. In addition the case law there are other standards that deal with foreign firms in certain aspects, such as the Vienna Convention, the Transfer of Prisoners Treaty, the Statute of the Foreign, informative, finally. The main approach of this thesis is to make a critical analysis of the Brazilian case law about the rights of foreign prisoners during the execution of the punishment, highlighting the main reasons and arguments of those who restrict such rights, based on the expulsion decree, the presumption of flight and in obtaining formal employment and those who secured the same benefits of Brazilian prisoners to foreign prisoners, standing on res judicata, the lack of proper law and seal the principle of equality.