Estado de Coisas Inconstitucionais: a ADPF 347 e as violações ao princípio dignidade da pessoa humana no sistema carcerário brasileiro

Abstract

This work aims to demonstrate systemic violations of the principle of human dignity in the Brazilian prison system. The study begins with the historical analysis of the development of the concept of custodial sentence and its contemporary conception. Subsequently, we proceed to analyze the evolution of the concept of the principle of human dignity and its positivization in international conventions and in the Brazilian legal system, as well as contextualizing it in the face of social inequality that creates a breeding ground for crime. Furthermore, statistical data from prison units and the analysis of inspection reports carried out by the National Mechanism for the Prevention and Combat of Torture (Mecanismo Nacional de Prevenção e Combate a Tortura) and the Public Defender's Office of the State of São Paulo (Defensoria Pública do Estado de São Paulo) will be presented, documents that prove the inhumane and precarious conditions faced by imprisoned individuals. Finally, the STF's thesis will be addressed, recognizing the Unconstitutional State of Things, the recommendations indicated by the IACHR and the thesis made by the STJ, calculating the penalty twice, as well as the inefficiency of resocialization