UNCONSTITUTIONAL STATE OF AFFAIRS: THE PROTECTION OF FUNDAMENTAL RIGHTS THROUGH CONSTITUTIONAL JUDICIALIZATION

Brazilian normative framework, especially with the Federal Constitution of 1988, provides people for a myriad of fundamental rights, which are daily violated, however, in a massive and unacceptable way, demanding urgent attention from public authorities. The research aims to determine whether it is feasible to recognize the legal figure of the Unconstitutional State of Affairs as a criterion for structural solution of such problems, as already recognized in comparative law and in the judgment of the precautionary measure in ADPF No. 347, in 2015, by the Brazilian Supreme Court, related to the national prison scenery. In that regard, bibliographic and jurisprudential research was undertaken, guided by hypothetical-deductive approach method and translational bias, with the testing of the proposed theoretical premises, aiming to achieve desired practical objectives. The results make it possible to consider judicial intervention through Constitutional Review as a concrete solution.