The crisis of the brazilian prison system
an analysis of the violation of fundamental rights of persons deprived of liberty
Keywords:
prison system, fundamental rights, human dignity, unconstitutional state of affairs, mass incarcerationAbstract
This article analyzes the crisis of the Brazilian prison system and its implications for the fundamental rights of persons deprived of liberty. The national penitentiary system faces a situation of structural collapse, marked by chronic overcrowding in prison facilities and the systematic violation of the rights constitutionally guaranteed to convicted persons. The research, developed through the hypothetical-deductive method and a bibliographic review with a qualitative approach, demonstrates that this situation does not result from the absence of protective legal provisions, but rather from the State’s structural and systematic failure to comply with them. The Federal Supreme Court, through ADPF 347, recognized the Unconstitutional State of Affairs of the Brazilian prison system in 2015, evidencing the generalized failure of all branches of government in addressing the crisis. The study concludes that overcoming this situation requires a profound transformation of Brazilian criminal policy, guided by respect for human dignity and an effective commitment to the social reintegration of offenders.
