Sistema penitenciário brasileiro: a teoria do numerus clausus concreta em face do estado de coisas inconstitucional

Abstract

The present work analyzes the overcrowding of penitentiary system, along with the crisis generated. It faces also the direct violation of human rights due to indifference of the State. The aim is to draw a panorama of the prison system, in order to assess the population, as well as the situation of the prisoners. It exposes the relevance of human rights affected by the crisis of the system. In addition, It is examined the relevance of Claim of Non-Compliance with a Fundamental Precept of the penitentiary system addressed the Complaint of breach of Fundamental precept. Finally, it was made the analysis of the principle of numerous clausus as a solution to the overcrowding of prisons reflecting directly in your improvement, providing new opportunities to prisoners.