O controle judicial de políticas prisionais por meio das ações civis públicas no âmbito do Poder Judiciário Amazonense

Abstract

The object of this dissertation is the exercise of the judicial activity of judges and courts when called upon to act in the control of public policies aimed at criminal execution, specifically through the trial of public civil actions aimed at the realization of rights of persons deprived of liberty. Its objective, in this context, is to understand how the Court of Justice of the State of Amazonas has acted in the processing and trial of public civil actions aimed at the implementation of public policies on the prison system. To this end, this dissertation was divided into four parts, to achieve the specific objectives established. First, we sought to identify the institutional position of the Judiciary in Brazilian Constitutionalism and its legitimacy to act in public policy matters. Subsequently, the current situation of the Brazilian prison system and the difficulties encountered to protect the fundamental rights of prisoners were evaluated. Then, public civil actions were described as a mechanism for judicial control of public policies in the brazilian legal system, focusing on their characteristics and repercussions of their use. Finally, we investigated the performance of the Judiciary of the State of Amazonas in prison matters through judicial decisions issued on the subject. The method adopted was deductive and the research is classified, as descriptive and exploratory, and, as to the type of data approach, of qualitative nature. Bibliographic and documentary sources were used, with emphasis on the judicial proceedings of the Court of Justice of the State of Amazonas, accessed by institution systems, by means of prior administrative authorization. All this, to, at the end, conclude by the aptitude and suitability of public civil actions for the protection and implementation of collective rights of people deprived of liberty, as well as the importance of the role played by the organs of the Amazon Court of Justice in the implementation of public prison policies.