Pandemia, encarceramento e a crise do direito à saúde: uma perspectiva constitucional no contexto goiano

Abstract

This investigation analyzes whether there was a protection for the social right to health of the prison population during the management of the health crisis of the new coronavirus in the Brazilian state of Goiás. To satisfy the scope of the research, we review ed from the structural problems in providing the fundamental guarantees in health for the inpatients in the country to the process of establishing the health crisis of covid-19 in the Goian chains. The text is qualitative and, if it applies to the procedures of bibliographic and documentary review, the latter have as a priority source the public regulations issued by the Government of the State of Goiás and the General Directorate of the Penitentiary System from March 2020 to March 2021. The evidence found shows that the social right to health of prisoners, in the chosen temporal and spatial context, was not guaranteed by the state government. This finding causes damage to the realization of human rights and goes beyond the sphere of the right to punish, beingan abuse of the state's punitive capacity, configuring a blatant state of unconstitutional things that must be corrected in the course of the pandemic crisis and after the health urgency has ended.