As problemáticas do sistema prisional brasileiro e o reconhecimento do estado de coisas inconstitucional: uma análise à luz da adpf nº 347/2015.

Abstract

This paper aims to analyze the main problems in the Brazilian prison system. To understand these issues, it is crucial to understand the reasons why the Federal Supreme Court declared the unconstitutional state of things in the Brazilian prison system, from the Argument of Noncompliance with Fundamental Precept No. 347/2015. Aiming to achieve the objectives outlined here, it was sought, at first, to analyze the Unconstitutional State of Things, analyzing its assumptions, origin, as well as its relationship with judicial activism. Then, we tried to analyze the aspects of the Argument of Noncompliance with Fundamental Precept No. 347. At the end, we sought to explain the main problems existing in the Brazilian prison system. The discussion about the theme is justified by its legal and social relevance, considering that the existing situation in the prison system directly violates the legal system and does nothing to improve public safety in the country. Therefore, it is necessary to analyze the causes that trigger a crisis in the Brazilian prison system. Keywords: Unconstitutional State of Affairs. Argument of Breach of Fundamental Precept No. 347/2015. Brazilian Prison System.