OVERCROWDING AND INHUMANE CONDITIONS IN THE BRAZILIAN PRISON SYSTEM IN LIGHT OF HUMAN DIGNITY

Abstract

Prison overcrowding is one of the primary challenges facing the Brazilian penal system, as it undermines the guarantee of fundamental rights and the realization of the principle of human dignity. This study aimed to analyze the impacts and consequences of overcrowding and inhumane incarceration conditions, taking into account constitutional provisions, criminal legislation, and Brazilian jurisprudence. To this end, a qualitative, descriptive methodology was employed, involving a review of literature and documentation—including books, scientific articles, legislation, and judicial decisions relevant to the subject—covering the period from 2021 to 2026, while also incorporating significant earlier norms and rulings. The findings indicate that a shortage of prison spaces, inadequate infrastructure, limited access to healthcare, hygiene, education, and employment—along with challenges regarding social reintegration—exacerbate human rights violations and hinder the rehabilitative purpose of criminal sentencing. An analysis of the jurisprudence of the Supreme Federal Court—notably ADPF 347, RE 580.252/MS, and Binding Precedent (Súmula Vinculante) No. 56—underscores the state’s responsibility regarding substandard incarceration conditions. It is concluded that addressing this issue requires effective public policies, continuous oversight, the improvement of penal facilities, and the strengthening of legally viable alternative measures, ensuring that sentences are served under conditions consistent with the Federal Constitution and human dignity.