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The paper presents, through hypothetical-deductive and historical methods, a contribution of the history of the present to the critical study about the violation of the fundamental rights of persons deprived of their liberty. It points out data and information of violation of fundamental rights in the prisons. It exposes the characters about the history of the present. It analyzes the Brazilian trajectory of violence, violations and inequalities. Finally, it indicates the need for criticism beyond the rhetoric of punishment and humanity.The article concludes that obedience to human dignity is a constant element in penitentiary constitutionality, in defense of democracy and respect for fundamental rights. The persistent violations of the prison reality indicate that the intervention must be directed to the spaces that produce and naturalize the violence of the violation, with the objective of reaching the base that sustains authoritarian, segregationist and exclusionary dynamics.
