Gender, Sexuality and Race in the Analysis of Prisoners' Right to Intimate Visits

This article analyzes the prison sentence in Brazil, focusing on its implications for the rights of prisoners, especially the right to intimate visits. Although the sentence is intended to deprive the freedom of movement, it continues to impact other aspects of the individual's life, including their family relationships and sexuality. Brazilian law guarantees the right to visits, but does not explicitly provide for the right to intimate visits, creating a gap that undermines the full social reintegration of prisoners. Based on existing regulations, such as the Penal Execution Law and resolutions of the National Council for Criminal and Penitentiary Policy, the text discusses the importance of intimate visits for the emotional and social well-being of prisoners. Despite the advances promoted by Resolution No. 04/2011, which includes the LGBT population in intimate visits, the lack of a clear legal provision continues to generate uncertainty. The article argues that the sexual rights of prisoners should be recognized as fundamental, arguing that deprivation of liberty should not extend to sexuality. The analysis concludes that, in order to ensure the full exercise of prisoners' sexual rights, it is imperative that the State not only recognizes, but also facilitates and effectively regulates the right to intimate visits, guaranteeing dignity and respect for the individuality of those in custody.