A crise no sistema prisional e o reconhecimento do "estado de coisas inconstitucional": uma análise dos fundamentos da provocação ao Supremo Tribunal Federal na ADPF de nº 347

Abstract

The aim of this paper is to study the current crisis identified in Brazilian prison system, where we can find massive violations of the human and fundamental inmates’ rights in the country. Will be demonstrate that this crisis is derived from systemic omissions and structural failures of public agencies, presenting the real and legal fundamentals that sustained the bringing the ADPF No. 347, proposed by the political party PSOL, which was recently declared as a "unconstitutional state of affairs" by the Brazilian Supreme court, through an injunction issued in the trial ADPF No. 347. Thus, shall be objects of this study the effects of recognition of the institute and the measures taken by the Supreme Court to curb this unconstitutionality board, among them the determination of adoption by the executive branch of administrative measures and the allocation of budgetary resources for solving the situation.