The Federal Supreme Court (STF) formed a majority to overturn the special prison for detainees who have higher education. Provided for by law, the special prison does not guarantee the prisoner different cells, but it guarantees that he stays in a separate place from the other prisoners.
Ministers can vote until next Friday (31) on this action, which was filed by the Attorney General's Office (PGR) in 2015. The body questioned this condition, stating that it violates principles of human dignity and isonomy.
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STF forms majority to overturn special prison for graduates
Minister Alexandre de Moraes underlined the same arguments as the PGR. When voting, he said that the special prison conveys the idea that people without higher education are not worthy of special treatment by the state. For him, the norm “favors those who are already favored by their socioeconomic position”.
Cármen Lúcia, Rosa Weber, Dias Toffoli, Luís Roberto Barroso and Edson Fachin also voted. The latter stated that the conditions for serving the sentence “should be extended to all prisoners, without distinction”. In addition, he pointed out that those who do not have a higher education or the right to special imprisonment also “deserve respect for fundamental rights”.
For him, there is no “logical correlation” between having a higher education and the separation of detainees. "There is nothing that reports that prisoners with a lower level of education are more dangerous or violent than prisoners with a higher level of education or vice versa", he underlined.
Therefore, according to the minister, placing all detainees in the same environment does not pose any risk to either the physical integrity or the mental integrity of any of them.
Public power cannot guarantee privileged treatment, argues minister
Dias Toffoli pointed out that the government cannot guarantee privileged treatment to anyone. Much less make a distinction between who has more or less schooling. “Academic training is a personal condition that, a priori, does not imply an increase or aggravation of the risk to which the precautionary prisoner will be submitted”, he said.
Graduated in Social Communication at the Federal University of Goiás. Passionate about digital media, pop culture, technology, politics and psychoanalysis.
