Brief analysis of the votes and decision in ADPF 347

Abstract

This article aims to analyze the decisions rendered by the Supreme Federal Court (STF) in the Allegation of Noncompliance with a fundamental precept (ADPF) 347, from the concession of the precautionary measure to the merits judgement. The methodology applied is qualitative and documental, revisioning juridical basis and arguments presented in the decisions, alongside with jurisprudential and doctrinal constructions related to the concept of the State of Things Unconstitutional (ECI), and its application on the Brazilian legal framework. The whole research was based on official documents from the STF, including decisions from the ADF 347 in its entirety and judicial and academical analyses regarding the theme. The social and legal implications of the STF decisions where explored, highlighting the challenges and perspectives to the execution of the measures determined by the Court to overcome the ECI in the Brazilian penitentiary system. It is possible to conclude that, while the STF decision represents a significative step forward to recognize structural flaws in the Brazilian penitentiary system, the effective implementation of the measures faces major hurdles that are still far from being overcome.