CONSTITUTIONAL CRISES AND STATE OF UNCONSTITUTIONAL AFFAIRS: STRUCTURING DECISIONS AND EFFECTIVENESS - THE CASE OF THE CURADO PRISON COMPLEX (RECIFE/PE)

Abstract

This article sought to analyze the emergence of structural decisions, as well as responses to constitutional crises, and discusses their limits and transformative potential. Furthermore, it aims to briefly present the process that culminated in the Court's action, as well as analyze the effects of this decision, its effectiveness, and the results achieved in the prison reality of the Curado Complex. Contemporary constitutionalism faces complex challenges in the face of persistent violations of fundamental rights. And in contexts of institutional crisis, the Judiciary has increasingly assumed a leading role in the reconstruction of constitutional effectiveness, especially through structural decisions that recognize the so-called Unconstitutional State of Affairs (ECI).