Os impactos das lei 13.964/19 (lei anticrime) para o agravamento do estado de coisas inconstitucionais no sistema carcerário brasileiro

Abstract

The present article has as its main objective the analysis of some devices brought by Law 13.964/19 (Anti-Crime Law) that contribute to the aggravation of the Unconstitutional State of Things in the Brazilian prison system, declared by the Federal Supreme Court, through the Claim of Non-Compliance of Precept Fundamental n° 347. For this, it was sought, initially, to clarify the details of the institute developed by the Constitutional Court of Colombia, called the Unconstitutional State of Things, and then to show the impacts of the use of this institute by the STF in ADPF 347. Furthermore, in a second moment, some provisions of Law 13.964/19 (Anti- Crime Law) were brought, which form an axis directly contrary to what was declared by ADPF 347, serving to aggravate the already established situation of massive violation of fundamental precepts in the Brazilian penitentiary system. Finally, a judicial interpretation of an apparently positive provision of Law 13.964/19 (Anti-Crime Law) was brought to the present article, related to the duty to periodically review preventive detention, which contributes to mass incarceration, leading to the conclusion that Law 13.964 /19 (Anti-Crime Law) reinforces the already declared “Unconstitutional State of Things” in the Brazilian penitentiary system.