TRANSCONSTITUTIONAL DIALOGUES IN CRIMINAL LAW:

THE PERFORMANCE OF INTERNATIONAL ORGANISMS FOR THE MANAGEMENT OF BRAZILIAN PRISONS IN THE PANDEMIC CONTEXT

Abstract

This article discusses the rapid dissemination of the new coronavirus (COVID-19) within Brazilian prisons, bringing up a dialogue with what is disposed by critical criminology about the colonial characteristics of prison in Brazil, rooted in a punitive past perpetuated through mechanisms for the control of incarcerated bodies. Thus, international complaints and mismanagement of Brazilian prisons during the pandemic period were examined, which became strong exhibitors of the necropolitics practiced by the federal government. In this way, it is analyzed how the international instances, under the aegis of transconstitutionalism, are important for the change of national paradigms. The research methodology is qualitative, with documentary analysis of resolutions and official reports of the Organization of American States; bibliographic research, through academic articles and books, and journalistic research. The work concludes on the importance of the action of external bodies and on the influence of international law within Brazilian criminal policy.