O INSTITUTO DO ESTADO DE COISAS INCONSTITUCIONAL E SUA COMPATIBILIDADE COM A ORDEM JURÍDICA BRASILEIRA BALANÇO DAS MEDIDAS CAUTELARES FIXADAS PELO STF NA ADPF 347

Abstract

The object of this article is to research ADPF 347, analyzing the decision, in a precautionary measure determined 6 years ago, in which the Federal Supreme Court (STF) recognized the unconstitutional state of affairs (ECI) in the national penitentiary system . As the ECI constitutes a structural decision modality, an incursion will be made into the structural measures created to implement the decision handed down by the Supreme Court of the United States in the case of Brown v. Board of Education in 1954 which found racial segregation in the school system unconstitutional. As the ECI is a jurisprudential construction of the Constitutional Court of Colombia, can such an institute be successfully applied in Brazil? To this end, a brief digression will be carried out on the political, social and legal context of the country where the ECI was created. In addition, the impact of ADPF 347 on the prison system will be evaluated. Has care been taken to create a supervisory mechanism for the measures determined by the STF? Continuing, the need for the ECI to be used within a context of dialogic activism will be defended, that is, priority should be given to flexible decisions constructed in a negotiated manner between the public agencies and civil society entities involved, in order to obtain the greater legitimacy and effectiveness of structural measures.