ADPF nº 347/DF: o estado de coisas inconstitucional e a crise do sistema carcerário brasileiro

Abstract

It has long been known that the way of serving prison sentences in Brazil is on the verge of failure. The lack of structure and investments that allow the allocation of a growing number of prisoners culminates in the current crisis of the prison system, with the massive violation of fundamental rights and guarantees. In view of this, in the year 2015, through the precautionary judgment of the Argument of Non- Compliance with Fundamental Precept Nº 347/DF, the State of Things Unconstitutional was recognized. Starting from the questioning of the effectiveness of the decree of a state of unconstitutionalities, the objective was to analyze the implication of the recognition of this institute as an effective measure for the recovery of the Brazilian prison system. For that, the method of deductive approach, the method of monographic procedure and the technique of bibliographical research were used, in order to allow the doctrinal exploration of the subject and the jurisprudential exposition, with the analysis of the pronounced decision. The present work sought to elucidate the origin of deprivation of liberty as punishment and, specifically, in the Brazilian context, in order to understand the crisis which our prison system finds itself in. Afterwards, the theory of the State of Things Unconstitutional and its adoption by the Federal Supreme Court in the Brazilian case was analyzed, as well as an analysis of compliance with the decision rendered in 2015. The subject analyzed is of great relevance, considering that it is a controversial measure that seeks to overcome the serious framework of unconstitutionalities that the Brazilian prison system is undergoing.