THE INSUFFIENCY OF PUBLIC POLICIES IN THE PENITENCIARY SYSTEM TO RESPOND TO THE UNCONSTITUTIONAL STATE OF THINGS:

A COMMOM PROBLEM TO ALL THE POWERS

Abstract

Abstract: the present work analyzes the chaotic scenario of the Brazilian prison system. We adopted an analysis based on indicators made available by official public bodies and in recent researches in order to demonstrate the insufficiency of the public policies in the solution of the problem. It was verified that, within the Federal Executive Branch, the resources destined for the States were not used in the construction of new vacancies nor did they improve the prison conditions of those imprisoned. The legislature, on the other hand, only increases the incidence of criminal law, the severity of the penalties commenced and the forms of compliance. In the Judiciary, it has been shown that to date, the establishment of custody hearings does not seem to have reduced the number of prisoners nor contributed to soften the situation of violations of fundamental rights in the Brazilian prison system. Still within the scope of this Power, it was suggested researches from the consolidation of extremely discrepant data in some units of the federation. Finally, there was a greater understanding of a problem that worsens every day in the face of a deliberate omission of the Public Powers. It was emphasized that this work differs in that it does not restrict itself to facing the problem from an eminently doctrinal point of view, entering into the analysis of the Brazilian reality