THE UNCONSTITUTIONAL STATE OF AFFAIRS: A CRITICAL ANALYSIS OF THE BRAZILIAN PRISON SYSTEM
DOI:
https://doi.org/10.66104/ea2wp155Keywords:
ADPF No. 47; Constitutional review; Fundamental rights.Abstract
This scientific article aims to analyze the application of the decision-making technique known as "Unconstitutional State of Affairs," especially based on the Argument of Non-Compliance with Fundamental Precept (ADPF) No. 347, proposed by the Socialism and Liberty Party (PSOL), motivated by the massive violations of fundamental rights and guarantees in the Brazilian prison system. The research, using a systemic bibliographic review approach, was developed through the analysis of the procedural documents of ADPF No. 347, as well as official data, books, and national and international legislation concerning the protection of persons deprived of liberty. The data reveal the structural omission of the State, whose actions are limited to the creation of constitutional norms, without ensuring concrete and effective mechanisms for their implementation. Therefore, it is concluded that, in the face of governmental inertia, judicialization proves to be an instrument of impetus. In this context, the filing of a constitutional action, in addition to recognizing the violation of fundamental rights, such as those related to material, legal and family assistance, dignity, physical integrity and resocialization, also contributed to the adoption of measures aimed at mitigating these violations, for example, the creation of a national plan and state and district plans, the execution of which requires the cooperative action of various authorities, institutions and the community.
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