PRISON OVERCROWDING IN RIO GRANDE DO NORTE: VIOLATION OF FUNDAMENTAL RIGHTS, STRENGTHENING OF GANGS, AND FAILURE OF REHABILITATION

Abstract

This study addresses prison overcrowding in Rio Grande do Norte. It aims to characterize prison overcrowding in Rio Grande do Norte, investigating its causes, consequences for the penal system, and the challenges faced by the State in implementing effective public policies. It is justified by its scientific contribution to understanding prison overpopulation in the State as a public order problem. The study starts from the following research question: is it possible to identify the main problems affecting the prison population in Rio Grande do Norte to understand the impacts on the prison system? The problem includes unsanitary conditions, internal violence, the dominance of criminal factions, failures in the resocialization process, violation of fundamental rights, and excessive imprisonment. It is a bibliographic and documentary research with a qualitative-quantitative approach, with a descriptive review of current literature. The discussions include analyses by Lopes and Silva (2022), Rocha (2022), Dias and Manso (2023), Branco (2024), Seares (2025), and others. Regarding the criteria, studies published primarily in Portuguese that address the descriptors prison overcrowding and resocialization were included, while works in other languages ​​and those without a direct relationship to the descriptors prison system and fundamental rights were excluded. As for the hypotheses, procedures and measures of state intervention are required, in conjunction with public bodies such as the Public Prosecutor's Office and the Judiciary, to enable the minimization and/or overcoming of the enumerated problems, allowing the penal system to maintain/conduct its processes more securely, safeguarding individual fundamental rights.