O UNCONSTITUTIONAL STATE OF AFFAIRS AND THE INEFFECTIVENESS OF CRIMINAL EXECUTION: AN ANALYSIS OF THE SYSTEMATIC VIOLATION OF LEGALITY AND REASONABILITY

Abstract

The crisis in the Brazilian prison system constitutes a complex problem, marked by structural and systemic challenges, among which the overcrowding of prison units stands out. This article seeks to analyze the crisis in the Brazilian penitentiary system and the violation of the principles of legality and reasonableness, the problem being that overcrowding and the precariousness of the prison system compromise the application of the principles of legality and reasonableness, as provided for in the 1988 Federal Constitution and what measures could be adopted to guarantee compliance with these principles. Furthermore, the general objective is to reflect on the crisis of the Brazilian prison system from a legal perspective, focusing on the violation of the Principles of Legality and Reasonableness, highlighting the social and institutional consequences of this reality. Thus, this research was carried out using the deductive method and bibliographic review. Finally, it was understood that the crisis in the Brazilian prison system requires a comprehensive and articulated response, which goes beyond the adoption of emergency measures, such as the construction of new prison establishments. It is essential to address the structural causes of the problem, among which social inequality and criminal selectivity stand out, while promoting the resocialization and reintegration of individuals deprived of liberty.