Name: PRISCILA FERREIRA MENEZES
Publication date: 10/07/2020
Advisor:
Name |
Role |
|---|---|
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| ADRIANA PEREIRA CAMPOS | Internal Examiner * |
| BRUNELA VIEIRA DE VINCENZI | Advisor * |
| PABLO ORNELAS ROSA | External Examiner * |
Summary: This dissertation aims to promote a critical analysis of the Brazilian prison
system and the Unconstitutional State of Fairs a legal mechanism introduced
in the Brazilian constitutional jurisdiction through ADPF nº 347/2015.
Linked to the concentration area Justice, Process and Constitution of
the UFES Graduate Program in Procedural Law, the research aims to answer the following problem: Constitutional jurisdiction has the capacity to promote
the necessary changes to overcome permanent, massive violations and
widespread rights of persons deprived of their liberty? It is proposed, from
the documentary and bibliographic study, to understand what is the reality of
the Brazilian prison system, to diagnose what are the probable causes of this
factual framework, and then to identify measures potentially capable of
promoting the overriding of unconstitutionalities perpetrated against people
imprisoned throughout parents. Likewise, it seeks to examine the
Unconstitutional State of fairs, its adequacy to the Brazilian legal order
and to identify whether its recognition by the Supreme Federal Court was
capable of operating effects in the prison reality, nationally and in
Espírito Santo. The work consists of three chapters. In the first, an
examination of the Brazilian prison system will be carried out, through the
analysis of the current normative provisions and the factual circumstances
extracted from data referring to the years 2006 to 2015. Next, the influence
of the actions and / or omissions of the Public Power will be investigated. ,
in each of its functions - Executive, legislative and Judiciary -, of society
and the media, under the prison "crisis". The second chapter intends to
provide an in-depth study of the Unconstitutional State of fairs, its
concept, origin and assumptions, when an exhibition will be held regarding
the discussions about the applicability and adequacy of the institute to the
Brazilian legal order. And finally, the third chapter will deal with the
prison system of Espírito Santo, through the analysis of data referring to
the years 2006 to 2019 it will be possible to attest or refute the supposed
recovery and humanization of the Espírito Santo prisons. The aim is to
extract from these analyzes guidelines capable of leading to the appropriate
treatment of the issue in Brazil, thus guaranteeing the effectiveness of
Human Rights in the prison environment. It is concluded that the ECI is an
important tool for judicial intervention in public policies.
Keywords: Violations of fundamental rights. Brazilian Prison system.
Unconstitutional state of fairs. Federal Court of Justice.
