Conectas and USP hold seminar on STF’s noncompliance with decision on prisons

Event about ADPF 347 will be held on 5 November with the participation of Judge from the Constitutional Court of Colombia.

São Paulo – Three years ago, the STF (Supreme Federal Court) acknowledged that the chaotic situation in Brazilian prisons was an affront to the Constitution. By a majority vote, the Brazilian Supreme Court ruled in favour of action (ADPF 347) that pinpoints grave issues in the national penitentiary system, such as physical and psychological violence directed at prisoners, overcrowding and non-existent custody hearings, at that time.

In an interim measure, ministers demanded, among others, a guarantee of the physical and moral integrity of detainees, the correct use of the National Penitentiary Fund and stated that the national penitentiary system was in “an unconstitutional state of affairs”, based on an innovative concept employed by the Colombian Supreme Court.

On 5 November, Conectas and the USP Law Faculty (University of Sao Paulo) will bring together a number of members of the judiciary, academia and civil society to discuss why the Court’s decision has not yet had the expected impact on conditions in the Brazilian prison system. The seminar “Unconstitutionality in Brazilian Prisons: what is at stake with the ADPF347” will be start at 9am, in the Faculty’s Rui Barbosa Auditorium (Largo São Francisco, 95), in São Paulo (SP). Entrance is free, but seats are limited.

  •  Register free of charge here.

“This is a very important event because we are going to discuss how we can continue to apply the theory of “unconstitutional state of affairs”, brought to the judicial world by Colombia, but, above all, because we will discuss ways of ensuring that important judicial decisions, like this regarding the ADPF347, can be effectively applied and fulfilled.” Said Rafael Custódio, Coordinator of the Conectas Institutional Violence Programme.

The event will be attended by the Auxiliary Judge of the Colombian Constitutional Court, Aquiles Arrieta and Maryluz Barragán González, from the Colombian NGO Dejusticia, to talk about application of the theory “unconstitutional state of affairs” in judicial decisions in the country.


Seminar “Unconstitutionality in Brazilian Prisons: what is at stake with the ADPF347” Venue: USP Law Faculty (Largo São Francisco, 95, Rui Barbosa Auditorium)
Date: 5/11
Times: from 9.00 to 17.30


9.00: Inauguration

Conectas Human Rights

Conrado Hübner Mendes (FD-USP)

9.15: Panel 1 –The origin of the concept of “unconstitutional state of affairs” in Colombia. Explanation of the concept and presentation of a case study

Maryluz Barragán González (COL – Dejusticia)
Aquiles Arrieta, Assistant Judge at the Colombian Constitutional Court

10.50: Interval

11.10: Panel 2 – The unconstitutional state of affairs in Brazil and the ADPF-347

Cristina Telles de Araújo (UERJ – Rio de Janeiro State University)

12.35: Lunch

14.00: Panel 3 – Analysis of the results of the interim decision in terms of implementation

Luisa Cytrynowicz (Pastoral Carcerária)
Maíra Machado (FGV-SP)
Mariângela Gama de Magalhães (FD-USP)
Rafael Custódio (Conectas)

16.00: Interval and Registration

16.10: Open Discussion. Dialogue and presentation of proposals by the public

16.50: Closure

Conectas Human Rights
Conrado Hübner

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