UNCONSTITUTIONAL STATE OF AFFAIRS’ EFFICACY IN BRAZIL:

Abstract

The unconstitutional state of affairs has been declared by brazilian Supreme Court in the ADPF 347, a constitutional remedy which aims to protect fundamental constitutional provisions. The case is related to the deplorable situation of brazilian penitentiary system, demonstrating the need for structural transformations on the authorities conducts, aiming to change this scenario. This research aims to analyze the possible progress on the implementation of that decision since 2020, investigating its instrumental and symbolic effects, questioning which aspect is more relevant, the former or the latter. Through the methodology concerning case study, the subject will be analyzed in light of the Resolution no. 213/2015, edited by National Justice Counsel, and the Actual Justice Program. In conclusion, sustains that, despite the challenges, the implementation of those hearings corresponds to an instrumental effect of the decision, making constitutional adjudication an important factor on reality’s positive transformation.