O processo estrutural como método adequado à conformação e implementação da tutela jurisdicional perseguida na Arguição de Descumprimento de Preceito Fundamental 347

Abstract

This study aims to demonstrate that, in order to achieve the restructuring sought by ADPF 347, it is essential to adopt the rationality of the structural process. Initially, the general premises about the demands present in the action and the positioning of the constitutional jurisdiction are presented. Subsequently, the specifics of the reality of the Brazilian penitentiary system are reported. Then, a brief exposition of the case that gave rise to the theoretical constructions on the structural process is carried out. Based on the parameters outlined, the structural process is specifically defended as the only possible means for restructuring the Brazilian penitentiary system, in order to achieve a state in accordance with constitutional precepts. At last, it criticizes the inaction of the Powers, as well as the application of traditional positions despite the needs of a complex society. The need for dialogic development of public competences is defended with the purpose of reducing tensions between the Powers and producing effective benefits.