ARGUMENTS AGAINST OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT

The investigation follows to transfer treated situations by European Court of Human Rights jurisprudence over phohibition of torture, cruel and degrading treatments, to the regional scope of the MERCOSUR, specially from Argentina and Brazil. In such sense, after to locate international public law rules and basic points in the subject, answers are persecuted on three centers of atention: theory of punishment, the penitentiary execution and the investigation. From the most recent and more permeable analyses against a rule that is judged absolute and the criticism are introduced here. The political and legal, internal and external spheres are studied in the objetive to reach in the present and the future, equal rejection that in the past.