THE UNCONSTITUTIONAL STATE OF AFFAIRS IN THE AMAZONIAN PRISON SYSTEM: OVERCROWDING, VIOLATION OF HUMAN RIGHTS, AND THE CHALLENGES TO THE EFFECTIVENESS OF HUMAN DIGNITY
DOI:
https://doi.org/10.51891/rease.v12i6.27929Keywords:
Prison system. Overcrowding. Human dignity. Human rights. Amazonas.Abstract
The penitentiary crisis in the State of Amazonas exposes a deep fracture within the Brazilian criminal justice system, characterized by severe overcrowding and the degradation of infrastructure. The general objective of this article is to examine how this factual reality aligns with the concept of an "unconstitutional state of affairs," as recognized by the Supreme Federal Court in ADPF 347. The methodology adopted consists of a bibliographic and documentary review (grounded in the Federal Constitution and international guidelines), confronting the legislative ideal with local statistical data. The results, based on official surveys (CNJ, INFOPEN, and SEAP/AM), reveal that this structural collapse not only nullifies the rehabilitative potential of incarceration but also fosters the hegemony of criminal factions within the units. To reverse this dynamic of public insecurity and institutional illness, it is evident that overcoming traditional punitivism is urgent. As a conclusive proposal, it advocates the strict implementation of rational decarceration measures, combined with structural investments and the consolidation of educational, labor, and restorative justice policies.
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Atribuição CC BY