Banca de DEFESA: LAÍLA DE OLIVEIRA CUNHA NUNES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : LAÍLA DE OLIVEIRA CUNHA NUNES
DATE: 05/07/2023
TIME: 16:00
LOCAL: Ambiente Virtual Google Meet
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PAGES: 129
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

Initially, the work analyzes the concept and assumptions of the unconstitutional state of things and its use by the Colombian Constitutional Court, especially in cases of the prison system and internally displaced people due to violence. Then, the application of this theory in the Brazilian prison system is discussed, based on the decision handed down by the Federal Supreme Court in the ADPF n. 347/DF, as well as highlighting the jurisprudential decisions that occurred after this recognition. Next, the difficulty in conceptualizing the term judicial activism is discussed, as well as its correlation with the declaration of an unconstitutional state of things. In this context, the arguments for and against the application of the unconstitutional state of things in Brazil are mentioned, adopting a position favorable to its application to overcome the massive and generalized violation of fundamental rights of incarcerated people. Subsequently, it moves on to the examination of data collected at national and state level to inquire about the main violations of fundamental rights that occurred in the prison system of the State of Rondônia. Further on, it analyzes how the Public Prosecutor's Office should act to overcome the unconstitutional state of things in the Rondônia prison system. Finally, the application of the principle of numerus clausus is suggested as a way of mitigating the situation of violations of rights suffered especially in the overcrowded prison units of Rondônia.

COMMITTEE MEMBERS:
Externa à Instituição - PATRÍCIA MOTHÉ GLIOCHE BÉZE - UERJ
Interno - 1109299 - DELSON FERNANDO BARCELLOS XAVIER
Presidente - ***.756.577-** - JOSE RICARDO FERREIRA CUNHA - UERJ