Exploring the Depths of Human Curiosity

Resumo

The objective of this monograph was to investigate the concept of an Unconstitutional State of
Affairs (ECI) in the context of the Brazilian prison system, analyzing the application of this
concept by the Federal Supreme Court (STF) in the judgment of Argument for Non-compliance
with a Fundamental Precept (ADPF) No. 347. The study examined the origins of this concept
in the Colombian Constitutional Court and its adaptation to Brazil, highlighting the structural
flaws that have generated serious violations of prisoners’ human rights. The methodology
included a bibliographical review, analysis of relevant doctrines and research and a case study
of the ADPF No. 347, as well as empirical research in the Itapuranga-GO prison unit, using a
questionnaire sent to the director. As a result, the work pointed to deficiencies in the prison
system in Itapuranga, confirming the presence of elements characteristic of the ECI. It was
concluded that the effectuation of prisoners’ fundamental rights required structural
interventions and the adoption of the proposed judicial measures, illustrating the importance of
judicial activism and mechanisms of constitutionality control for the promotion of justice and
human dignity in the prison system.
Keywords: ADPF 347. Affairs. State. Unconstitutional.
Traduzido por Adair José Justino Cassimiro Professor Licenciado em Letras Português/Inglês
pela Universidade Estadual de Goiás (UEG).