The (in)effectiveness of the fundamental rights of the Brazilian prison population in times of unconstitutional state of affairs

Abstract

This article aims to analyze the essential contribution of the Judiciary in ensuring the fundamental rights of the Brazilian prison population. The study begins with a brief exposition of the Brazilian historical-constitutional context, which culminated in the promulgation of the Federal Constitution of 1988, which, following the parameters of neoconstitutionalism of European origin, highlighted fundamental rights and led to the institutional strengthening of the Federal Supreme Court, providing opportunities for the Judiciary to play a leading role and providing greater freedom for the exercise of activist practices. Finally, the work is directed to the study of the Allegation of Non-Compliance with Fundamental Precept 347, a landmark in the Brazilian legal system, as it aims to contain, or at least mitigate, the problems arising from mass incarceration.