UNCONSTITUTIONAL STATE OF AFFAIRS IN THE BRAZILIAN PENITENTIARY SYSTEM

ANALYSIS OF EXTRAORDINARY RESOURCE N° 580.252

Abstract

The Brazilian Federal Constitution of 1988 contains an extensive list of guarantees and fundamental rights guaranteed to any Brazilian. However, through bibliographic research, documentary and case study, it appears that, with the lack of structure of Brazilian prisons - with overcrowded cells and lack of hygiene and life conditions - those constitutional guarantees are not being assured to the socially excluded category. This repeated violation of rights and the causal link between state conduct - as a guarantor of the convict in state custody - and the moral damage caused will indemnify the injured detainee. This is the crux of Extraordinary Appeal n° 580.252. The analysis of this judgment from the point of view of the unconstitutional state of affairs is the main objective of this research that is justified both by the general repercussion of the matter, as well as by the scientific collaboration in a little explored field.