BRAZILIAN PRISON SYSTEM AND “UNCONSTITUTIONAL STATE OF AFFAIRS” IN THE FACE OF THE ANALYSIS OF ADPF Nº 347 - STF

Abstract

This research has as its theme the Brazilian prison system and “unconstitutional state of affairs” in the face of the analysis of ADPF nº 347 - STF. This study has as its problem to analyze the recognition of the existence of cases of unconstitutionality in Brazilian prisons, and its problem consists of: How to guarantee the effective resocialization of the prisoner in the face of the prison system as an unconstitutional state of affairs? Observing this problem, the general objective will deal with analyzing the resocialization of the prisoner and the existence of unconstitutional circumstances. Furthermore, in the specific objectives, it will seek to understand the expression “unconstitutional state of affairs”, which involves structural and widespread problems that affect the fundamental rights of citizens; as well as contextualizing situations incompatible with the Federal Constitution, in which it was identified by the STF in the presence of environments full of systematic and widespread violations of fundamental rights; and finally, to analyze a scenario of degrading and inhumane realities in prison units, characterized by overcrowding, lack of hygiene, and insufficient essential services, and how these situations influence the reintegration and rehabilitation of these individuals into society. The methodology used in this research adopted an approach based on bibliographic and documentary sources, obtaining data from books, articles, and online resources. The results obtained at the end of the research are to seek an effective and lasting solution to eliminate the context of legal irregularities. To recognize the need for legal and political reforms to correct systemic failures, ensuring compliance with human and constitutional rights for inmates, in order to promote effective readaptation of individuals upon their return to society after serving their sentences.