Contribuições do estado de coisas inconstitucional para a superação das omissões não normativas: desentraves institucionais ao desenvolvimento humano

Abstract

In the Action of Breach of Basic Precept n ° 347 the existence of a state of unconstitutional things (ECI) was declared in relation to the situation of overcrowding of penitentiaries. The Supreme Court therefore chose to reshape prison public policy, not counting on the participation of the competent political powers. In the face of this solipsistic posture, it is observed that the decision has not produced the expected effects. Thus, it is objective to analyze whether the ECI is compatible with national constitutionalism. As a methodology, it was used for bibliographic, documentary research and the Inductive method. It was found that the ECI was not an effective way to undertake modification of the reality, the Antidialógica posture adopted, but, in the overcoming of its barriers, this Institute could act as an important mechanism of human development and overtaking of institutional blockades. It is concluded by the importance of dialogue and primacy that the political sphere must present in the setting of public policies, so that the ECI is properly incorporated.