O poder judiciário como determinador de políticas públicas: A declaração do estado de coisas inconstitucional no âmbito do sistema carcerário brasileiro

Abstract

The Brazilian prison system faces an expressive and systematic violation of fundamental rights due to non-normative omission by the Public Power. The purpose is to ascertain the legitimacy of Brazilian’s Judiciary Power determining information and implementing public policies in the prison system, through the declaration of Unconstitutional State of Affairs. Qualitative research, of dialectical reasoning, with an exploratory feature, through the survey of bibliographic and documentary sources such as books, articles, thesis statement, journalistic news and final paper, which rates the Brazilian prison system, and the study of concept and application of Unconstitutional State of Affairs institute and the role of Judiciary Power in determining public policies on the scope of Brazil's prison system. It also carries out an analysis of Precautionary Measure number 347 from Statement of Non Compliance with Fundamental Precept, granted by the Supreme Federal Court in 2015. It was found that the legitimacy of Judiciary in implementation of Public Policies with belong to the Brazilian prison system, through the declaration of the Unconstitutional State of Affairs, due to the massive violation from fundamental rights of prisoners resulting in past failures, political blockades and institutional, that means, an absence of public policies.