NASCIMENTO, P. H.; http://lattes.cnpq.br/7748812676522654; NASCIMENTO, Paulo Henrique do.
Resumen:
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.
