OVERCROWDED PRISONS IN BRAZIL: WHAT JUDICIARY CAN DO?

Authors

  • Delmiro Ximenes de Farias Universidade Federal do Ceará

Abstract

This paper has as study field the judicial activism regarding prison’s public policies. It intends to question if could be possible a judicial control about public policies in the context of Brazilian’s overcrowded prisons. The prisons are inhuman, violating the inmates’ fundamental rights. This judicial review is grounded in the current separation of powers conception. In addition, the Constitution and the ordinary law of criminal punishment impose to the public administrator the respect about the prisoners’ rights, and must implement policies to reduce the inmate’s overcrowding. In the omission of the Executive, the Judiciary can order to that one to build more prisons. However, there is restrictions regarding the discretion of the public administrator, although he must build and restore the prisons, he can choose the way to this end. To reach this conclusion, have been used books, papers, judicial decisions and data about the prison system.

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Published

2019-09-09

How to Cite

Farias, D. X. de. (2019). OVERCROWDED PRISONS IN BRAZIL: WHAT JUDICIARY CAN DO?. PANORAMA OF BRAZILIAN LAW, 6(9-10), 124–139. Retrieved from https://www.e-publicacoes.uerj.br/pbl/article/view/34676

Issue

Vol. 6 No. 9-10 (2018): PANORAMA OF BRAZILIAN LAW

Section

Articles

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