O sistema carcerário e a ADPF nº 347: uma análise acerca do enfrentamento da crise carcerária a partir do pacote anticrime na execução penal

Abstract

The prison system is one of the issues that most deserve attention in view of the lack of public policies to make the situation in which the system finds itself viable, in addition to the offense to the rights of detainees, the powers that govern the Brazilian legal system have not been showing concern with the society's security. So, this situation led the political party PSOL to file ADPF 347 at the Federal Supreme Court, evidencing the massive violation of fundamental rights of prisoners that occur daily throughout the national territory. In this vein, this work aims at an analysis of the exposition of the current Brazilian prison scenario present in the allegation of non-compliance with fundamental precept 347 and whether it has been relevant and useful for facing this crisis, considering the legislative changes defined by the anti-crime package. Therefore, it was necessary to understand how the incident of this crisis in the prison system occurred and its main characteristics, in such a way that it gave rise to a concentrated control action before the Supreme Court of the country, delimiting the strength of the ADPF 347 for the confrontation this impasse, and finally, debating Law no 13.964/19 which, in contrast to what was exposed in the ADPF, brought numerous changes to the Penal Code, Criminal Procedure Code and Penal Execution Law. Methodologically, this is a bibliographical, exploratory, qualitative research, with the inductive method. And as a result, it was found that even in the face of a precautionary measure issued by the Federal Supreme Court decreeing the Unconstitutional State of Things present in Brazilian prisons, punitivism is still the most used way to respond to the increase in crime, therefore the context of crisis is obviously ignored.