THE PRISON SYSTEM AND THE UNCONSTITUTIONAL STATE OF AFFAIRS

Abstract

This paper seeks to analyze the prison system by exposing the fundamental rights of prisoners, the arbitrariness of the system and the disproportionate discretion of court decisions that judge the poor population under more severe conditions, especially blacks. It emphasizes the precarious conditions that incarcerated women live in completely unhealthy conditions, since, to control the menstrual flow, they use bread crumbs. Given the precariousness of the system, the rates of recidivism are very high. Consequently, it proves that prisons in Brazil serve as an improvement to crime, totally contradicting the objective of re-socialization of prisoners in society. In this perspective, it analyzes the Unconstitutional State of Things of the prison system based on the arguments used by the Colombian Court, which has as requirements the demonstration of massive and widespread violation of fundamental rights that affects a group of people, the repeated omissions of public authorities in enforcing such rights, respect for the need to implement measures by various bodies to change the scenario and the possibility of congestion in the judicial machine. Based on the above-mentioned requirements, it was possible to file ADPF 347 on the grounds of continuous violence and injury to the human rights of inmates. Thus, in the aforementioned action, which is the object of study of this article, it recognized the State of Affair Unconstitutional and granted the immediate release of the National Penitentiary Fund by the Union and implemented the holding of custody hearings. Thus, it emphasizes the approval of a national plan that would cover all the precariousness of the system.