A LOOK AT THE UNCONSTITUTIONAL STATE OF AFFAIRS RECOGNIZED BY THE SUPREME COURT OF BRAZIL

Abstract

Approaching factors of multiple orders and touching the national Penitentiary and Prison System is to seek to understand the roots and constraints of the formal and legal structure assumed by penal establishments that, today, are recognized as an “Unconstitutional State of Things” due to decision, in 2020, in the Argument of Non-compliance with Fundamental Precept n. 347 at the Honorable Court of the Federative Republic of Brazil. First of all, here we have bibliographical research (supported by literature of political and legal classics, eg, Immanuel Kant, Norberto Bobbio), documental ( vg Constitutions of 1824 and 1988, angular and underlyingly supported) and jurisprudential (Arguição de Descumprimento of Fundamental Precept - ADPF n. 347 sustained in a jusphilosophical construct), with a qualitative and interdisciplinary focus, on the recognition of the "Unconstitutional State of Things" to fall on the Prison System in Brazil with a view to critically and reflexively understanding the prison environment and the vectors that affirm the “state of affairs”.