O estado de coisas inconstitucional: a violação sistemática e generalizada de direitos fundamentais no sistema penitenciário do estado do Rio Grande do Norte

Abstract

The Unconstitutional State of Affairs (ECI) is a decision-making approach developed by the Colombian Constitutional Court, notably in decision SU-559, with the aim of addressing situations of serious and systematic violations of fundamental rights, whose causes are of a structural nature that arise both from omissive and commissive acts of the established powers that are no longer able to promote structural changes and guarantee the enforcement of fundamental rights. In the Brazilian context, the plenary session of the Federal Supreme Court, by majority, in the context of the ADPF judgment No. 347, recognized that the structural and systematic crisis in Brazil's prison system constitutes an Unconstitutional State of Affairs. Given this scenario, the present study aims to verify the incidence of EIC in the penitentiary system of the State of Rio Grande do Norte, especially in the Dr. Francisco Nogueira Fernandes State Penitentiary (Alcaçuz), taking into account the history of human rights violations and fundamental in the establishment. Methodologically, we used a bibliographical review and analysis of quantitative and qualitative data relating to the situation of the prison system in Rio Grande do Sul. The results revealed evidence of the presence of the Institute of the Unconstitutional State of Affairs in the penitentiary institute of the State of RN, evidenced by systematic violations of fundamental rights, such as health and education, among others. The findings of this study indicate that the prison complex in the North-Grandense sphere faces structural and systematic problems that result in violations of the fundamental rights of inmates, configuring a situation of EIC. Therefore, it is imperative that measures are taken to address these issues, thus ensuring due respect for fundamental rights in the State's prison system, including, therefore, actions to improve minimum and essential conditions such as education, health and dignity for inmates.