Sistema prisional brasileiro: as políticas públicas no Estado do Paraná pós-declaração de Estado de Coisas Inconstitucional

Abstract

In 2015, the brazilian Federal Supreme Court pioneeringly declared the Unconstitutional State of Affairs of the Brazilian prison system, as well as granting injunctive measures aimed at combating this situation. However, after more than eight years, the results of these measures remain unclear. Thus, this research aims to explore the public policies adopted by virtue of Claim of Non-compliance with Fundamental Precept n° 347 in the state of Paraná, because, by focusing not only on the institute of the Unconstitutional State of Affairs, but also on the object of the records of Claim of Non-compliance with Fundamental Precept n° 347, it passes also to a critical approach to the dynamics of the State in relation to the relevant and marginalized portion of civil society, corresponding to the prison population. The approach method will be deductive, as it starts with identifying the measures adopted by the state of Paraná to combat the Unconstitutional State of Affairs, and then analyzes their effects in light of the growth of the prison population and reports available information on conditions in prisons. Furthermore, the case study method is used, as the research focuses on the analysis of the case of Claim of Non-compliance with Fundamental Precep n° 347 and public policies adopted as a result of this case, focusing on its effects in the state of Paraná. The approach used is qualitative, with a descriptive and exploratory objective, using indirect bibliographical research means (doctrine), and direct documentary means (statistical material, highlighting the historical series of Infopen, Sisdepen, Sistac, among other systems, in addition to laws, rulings, resolutions and other official documents), as it is understood that these are the best instruments for achieving the purposes of this work. The conclusion points out that the public policies observed in this work seem to make significant progress in improving the prison system in several aspects, with the institutional unblocking of this agenda, although the progress has been small given the long path of problems that affects the prison system. Furthermore, the research highlights that there is a possible redefinition of the role of the Judiciary in the creation of public policies, through the Unconstitutional State of Affairs, which will depend on the development of the files of Claim of Non-compliance with Fundamental Precept n° 347 and other processes in progress at the court, who use or seek to use this instrument of declaration of the Unconstitutional State of Affairs.