O estado de coisas inconstitucional no Sistema Prisional Brasileiro.

Abstract

The present paper for the conclusion of the course has as its theme the institutional crisis in the Brazilian prison system. The Brazilian prison system was declared an Unconstitutional State of Things, in September 2015 through the recognition and decision of the Supreme Federal Court (STF), through the complaint of noncompliance with the Fundamental Precept ADPF 347. Thus, the study of the crisis in the prison system, aims to assess its main causes, effects and changes in the system at the national level, after this institute is recognized by the STF. The violations of the State's rights and omissions in the prison system result in an obsolete structure that does not reach its judicial and social function, generating negative effects in the recovery of the prisoner for his reintegration into society. In continuity, to identify the changes that occurred in the system after the recognition of the STF as a precautionary measure, to a judicial decision that seeks to pressure the Legislative and Executive Power to rise from this inertia and omission that are found in the Brazilian prison system. Through quantitative research, the works of the last ten years carried out in the research area, on the platforms of applied social sciences of the Capes period, were examined. Therefore, the systemic crisis that affronts Human Rights of a prison system was evaluated, which apparently is on the verge of collapse, the product of the lack of commitment and inability of public authorities to present projects that can make concrete and efficient changes so that it achieve your goal, that is, the exinmate return to live in society and not commit crimes again. It is observed that the Unconstitutional State of Things of the Brazilian prison system comes from the interference of the judiciary, a structural judicial activist stance of the Supreme Federal Court before the other powers, in the search for improvements in public policy for the Brazilian prison system.