Abstract

ORBAGE DE BRITTO TAQUARY, Eneida  and  COSTA LEAO, Wangle Samuel. THE DIALOGUE BETWEEN COLOMBIA AND BRAZIL ON THE “STATE OF UNCONSTITUTIONAL THINGS”. Rev. secr. Trib. perm. revis. [online]. 2019, vol.7, n.13, pp.193-212. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a7.n13.p193.

The problem refers to the constitutional dialogue between the Colombian and Brazilian States, carrying out the circulation of constitutional jurisprudence on the State of Things Unconstitutional applied to the Prison System. The objective is to conceptualize the Constitutional State of Things, based on ADPF 347, Direct Action for Non-compliance with Basic Precept, judged by Brazil, and in the Court’s Sentence No. 153, 1998, judged by the Colombian Constitutional Court. The comparative jurisprudential method is adopted, through the analysis of the jurisprudence of the Colombian Constitutional Court and that of the Federal Supreme Court. The analysis of the theme reveals the following results in Brazil: a) implementation of the custody hearing; b) release of the Union from the accumulated and contingent values of the National Penitentiary Fund; and c) the referral by the Union and the States to the Federal Supreme Court of information on the prison situation.

Keywords : Unconstitutional State of Things; Brazilian Penitentiary System; Constitutional Jurisprudence; Colombia; Brazil.

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