A inefetividade das garantias constitucionais no Direito Penal: Uma análise Crítica do Sistema Carcerário no Rio Grande do Norte

Abstract

This research analyzes the ineffectiveness of constitutional guarantees in the prison system of Rio Grande do Norte, from the perspective of the effectiveness of constitutional norms and critical criminology, focusing on the violation of fundamental rights of incarcerated individuals. The methodology applied was qualitative research, based on reports from the National Council of Justice (CNJ), the National Mechanism for the Prevention and Combat of Torture (MNPCT), and data from the National Penitentiary Department (DEPEN), as well as jurisprudential analysis, especially ADPF 347, in which the Brazilian Supreme Court recognized the existence of an unconstitutional state of affairs in the prison system. The findings reveal a scenario of overcrowding, structural deficit of vacancies, precarious food and water supply, lack of medical assistance, and practices that amount to cruel, inhuman, and degrading treatment, in clear violation of Article 5 of the Federal Constitution and the Mandela Rules. The analysis of specific cases in Rio Grande do Norte, such as the Alcaçuz Penitentiary, shows that the absence of effective public policies perpetuates cycles of institutional violence and undermines the rehabilitative purpose of punishment. It is concluded that the prison crisis in the state reflects the failure of the State to ensure minimum rights to prisoners, making it urgent to implement structural measures such as strengthening the juiz de garantias (custody judge), independent monitoring of prison units, and the adoption of decarceration policies. The study thus contributes to academic and social debate on the need for legislative and administrative reforms aimed at humanizing the prison system, in accordance with the Federal Constitution and international human rights treaties.