THE BRAZILIAN PRISON SYSTEM AS A STATE OF UNCONSTITUTIONAL AFFAIRS, ACCORDING TO THE SUPREME FEDERAL COURT

Abstract

This article analyzes the Brazilian prison system from the perspective of the recognition of the Unconstitutional State of Affairs by the Supreme Federal Court, especially based on the judgment of ADPF nº 347/DF. The study seeks to understand whether this judicial decision has produced concrete effects on improving prison conditions and ensuring fundamental rights of incarcerated individuals. The research starts from the problem that, even after the recognition of the structural unconstitutionality of the prison system, serious violations persist, such as overcrowding, degrading conditions, and lack of effective public policies. The objective is to examine the role of the Supreme Court in constitutional review and to evaluate the practical impacts of its structural decisions. The methodology adopted is qualitative, with a bibliographic and documentary approach, based on doctrine, legislation, and institutional reports. It is concluded that, although the recognition of the Unconstitutional State of Affairs represents a relevant legal advancement, there are still limitations in its practical effectiveness due to the lack of coordinated action among branches of government and insufficient public policies.