Sistema prisional brasileiro e o debate das garantias e do Estado de Coisas Constitucionais.

Abstract

The present work aims to analyze the current context of the Brazilian prison system and its possible violations of the fundamental rights of prisoners. Given Brazil's large prison population, the social importance of the study justifies the importance of the study on social media due to the failure of the prison system. Methodologically, the deductive method is used as a research and consultation tool on the subject, legislation, jurisprudence and dissertation of literary works. The present work is structured in four chapters. The first one traces the history of the prison system and the punitive power of the State, considering its foundations and dilemmas. In the second, the Prison Law is analyzed and, dialoguing with the third chapter that deals with the realities of the prison system in the Brazilian context, revealing some interfaces of the problems and difficulties faced by the prisoners, including the approaches on prison overcrowding, violence and rebellion, forgetfulness the rights of prisoners, among others. In the final chapter, the study focuses on the identification of the unconstitutional state of affairs and its origin, foundations, assumptions and its claims in Brazil. In view of the expositions listed in this text, it is possible to reach the final considerations.