Aplicabilidade da teoria do estado de coisas inconstitucional ao sistema carcerário brasileiro.

Abstract

The society is dynamic and, having the basis that the Law is an instrument intended to organize life in society itself, it can’t be the mechanism of static management. It is certain that the consecration of the Human Rights in the juridical texts happened after several crisis circumstances that the humanity had to face to its own evolution, conjuring questions held in each age by irrational people, but later took up space in the social context. In this manner, the present scientific research has motif to understand the subtle differences in the Unconstitutional State of Affairs theory that underlies the Constitutional Court the determination of public politics to work on the general failure of the Fundamental Rights, and it has been nationally acclaimed by the Federal Court of Justice to work on the crises that spread through the Brazilian prison system. Therefore, addressing the history of the evolution on the conception of constitutional interpretation; analyzing the gaps between the normative content and the social reality; and, at the end, understating the historical, the conjecture of this theory and the implications of this one. For this, bibliographic and exegetical-legal methods are used. The approach, in turn, will be qualitative, since as no numerical criterion is used. Finally, as regards the goals, the research will be exploratory, seeking to improve ideas, helping in the development of hypotheses for later research, in addition to seeking to deepen the subject matter.