THE INSTITUTIONAL CRISIS OF THE THREE BRANCHES OF GOVERNMENT AND THE INERTIA IN PROMOTING FUNDAMENTAL GUARANTEES IN THE BRAZILIAN PRISON SYSTEM:

THE ROLE OF THE FEDERAL SUPREME COURT IN LIGHT OF ADPF 347 – JUDICIAL ACTIVISM OR ULTIMATE GUARDIAN OF THE CONSTITUTION?

Abstract

ABSTRACT:

This article offers a critical analysis of the Brazilian Federal Supreme Court's (STF) intervention in the Allegation of Non-Compliance with a Fundamental Precept (ADPF) 347, a landmark decision that recognized the "state of unconstitutional affairs" in the Brazilian prison system. The text argues that this intervention was not the result of illegitimate judicial activism but stemmed from an urgent necessity and the legitimate exercise of constitutional jurisdiction, fulfilling the STF's duty as the ultimate guardian of the Constitution. This action became imperative given the historical and chronic inertia of the Executive and Legislative branches, whose omission allowed the consolidation of an ethical and democratic failure, transforming prisons into true scenes of barbarity and massive violation of human dignity. Grounded in theoretical references such as Hannah Arendt's banality of evil, which clarifies the bureaucratic naturalization of violence, and Oscar Vilhena Vieira's perspective on the dynamics of the separation of powers, the research demonstrates that the passivity of the majoritarian powers created a dangerous vacuum of constitutional protection. Thus, it concludes that the recognition of the "state of unconstitutional affairs" by ADPF 347 was not a usurpation of political discretion, but a constitutional requirement and an ultimatum for the State to reestablish order and dignity in prisons. In summary, the decision transcends the judicial sphere, representing a crucial civilizing gesture in favor of the normative force of the Constitution and the unpostponable realization of the fundamental rights of the incarcerated population.