O Estado de coisas inconstitucional do sistema prisional brasileiro : uma análise da arguição de descumprimento de Preceito Fundamental nº 347/2015 e seus impactos no Espírito Santo

Abstract

This dissertation examines the contemporary Brazilian prison system, from the perspective of the unconstitutional State of Things, which is clearly recognized in the records of the Fundamental Precept Failure Statement 347/2015. Linked to the “Justice, Process and Constitution” concentration area of the UFES Graduate Program in Procedural Law, the research aims to answer the following problem: Constitutional jurisdiction has the capacity to promote the necessary transformations to overcome permanent, massive violations and widespread rights of persons deprived of their liberty? It is proposed, from the documentary and bibliographic study, observing the inductive method, to understand what is the reality of the Brazilian prison system, to diagnose what are the probable causes of this factual framework, and then to identify measures potentially capable of promoting the overcoming of unconstitutionalities perpetrated in the prison environment. Likewise, it seeks to present the legal institute of the Unconstitutional State of Things, to verify its adequacy to the Brazilian legal order and to identify whether its preliminary recognition by the Supreme Federal Court was capable of operating effects in the prison reality, nationally and in Espírito Santo. Regarding the latter, the proposal is to recognize the most appropriate placement for your prison reality, is it a national model of humanization or part of the unconstitutional State of Things? The aim is to extract from such analyzes guidelines capable of leading to the appropriate treatment of the issue in Brazil, thus guaranteeing the effectiveness of Human Rights in Brazilian prisons. We conclude that the use of ECI is pertinent in the case of Brazilian prisons, as it is an appropriate decision-making technique to correct structural flaws that hinder the effectiveness of fundamental rights and the Constitution