BRAZILIAN PRISON SYSTEM: HUMAN RIGHTS VIOLATIONS IN THE PRISON SYSTEM

Abstract

This article sought to discuss the Brazilian prison system, which is facing a chronic and multifaceted crisis, characterized by the systematic violation of the fundamental rights of the incarcerated population. The analysis of the relationship between prison overcrowding and the degradation of detention conditions shows a massive violation of human rights. Through documentary and bibliographical research, with a qualitative approach and deductive method, the structural flaws and state omission that perpetuate this reality are investigated, contrasting the normative framework of protection that includes the Federal Constitution, the Penal Enforcement Law, international treaties with the daily practice in penal establishments. It discusses the ineffectiveness of the custodial sentence in its resocializing purposes under such conditions and the jurisprudential recognition of the “Unconstitutional State of Affairs” by the Federal Supreme Court and ADPF 347 as a milestone in making the problem visible, even though its practical solutions remain incipient. The conclusion is that there is an urgent need for structural reforms and for the effective implementation of measures that guarantee human dignity in prison, overcoming the merely punitive logic in favor of a penal execution that is compatible with constitutional precepts.