The Income Criteria in Prison Benefit in Light of Personality Rights
Year: 2025
Type: article
Abstract: This research primarily focuses on the Inmate's Dependents Benefit (auxílio-reclusão) in light of personality rights, addressing the constitutionality of requiring a low-income status as a condition for its granting. The study aims to analyze whether this limitation, established by Constitutional Amendment No. 20/1998, violates personality rights, the principle of personality of punishment, and the existential minimum, by unfairly affecting the dependents of incarcerated individuals. The investigation was conducted using the deductive method, employing qualitative bibliographic review procedures, analysis of relevant constitutional and infra-constitutional legislation, and examination of jurisprudence from the Brazilian Supreme Court (STF) and Superior Court of Justice (STJ). Data were processed through dogmatic-constitutional analysis, juridical-constitutional hermeneutics, and critical doctrinal synthesis. Results indicate that the income criterion substantially reduced the number of beneficiary dependents, deepened the social vulnerability of already fragile families, accentuated the marginalization of children and adolescents, and was only partially legitimized by jurisprudence without due consideration of its social impacts. It is concluded that maintaining the current income criterion compromises the effectiveness of fundamental and personality rights, thus necessitating a legislative reform that replaces the fixed parameter with multidimensional socioeconomic evaluation criteria, in conformity with personality rights, human dignity, and social justice.
Source: Boletim de Conjuntura (BOCA)
Authors: CASTRO, Alexander de, FACCO, Pedro Henrique
Institution: Centro Universitário Cesumar
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7082260255
FWCI:
Cites:
Cited by:
Related to: