A reintegração do preso no Brasil: uma análise à luz do Estado de Coisas Inconstitucionais na ADPF 347

Abstract

Today, there is a serious crisis that has taken place in the Brazilian penitentiary system, which without delay, encourages debates about the effectiveness of prisons and sentences in combating crime, while seeking to observe the effectiveness of the resocialization process. Thus, the preliminary injunction request in ADPF 347/DF was granted by the Federal Supreme Court, which sought to highlight the extreme violation of basic rights and guarantees in Brazilian prisons, and which is out of line with the precepts of the State of Fundamental Rights of Brazil. The problem was: is it possible to build a social scenario of effective resocialization of the prisoner in congruence with the functions of the sentence? The objective was to debate the regulation of the State's punitive power, as well as the approval of the principle of ultima ratio, to restore the meaning of criminal law in the face of the Public Power's failure to enforce fundamental rights. This is a qualitative bibliographic research, with a deductive method. It is essential to recognize state responsibility, in order to ensure the applicability of criminal legislation, in view of providing minimum conditions of dignity for the convicted person. It was concluded that, given the inhumane situations in the prison system, it is necessary to adopt structural and political measures based on the cooperation of the three powers, in view of the rights of individuals who are serving their sentences. Thus, the STF plays a relevant role in acting and monitoring compliance with the decision, encouraging other powers to act through public policies that will change the calamity of the Brazilian penitentiary system.