THE PERFORMANCE OF THE SUPREME FEDERAL COURT (STF) AND THE NATIONAL COUNCIL OF JUSTICE (CNJ) IN THE PUBLIC PROBLEM OF RACIALIZED INCARCERATION
The prison system crisis is increasingly presented as an important issue to be inserted in the public policy agenda, both in its legislative, judicial and social aspects, as a reproduction of the structural racism that selectively acts in the Criminal Justice System. By recognition from the Supreme Federal Court, the unconstitutional state of affairs in which the logic of Brazilian racialized incarceration is inscribed, the roles of actors in judicial institutions are confronted with a reality that can be changed in light of their own constitutional design. The work aims to investigate how the judiciary acts in the public problem of incarceration, by way of survey and analysis of institutional actions, decisions, programs, regulations and resolutions of the National Council of Justice as well as structuring decisions of the Supreme Federal Court in criminal matters that relate to incarceration, having as a landmark the paradigmatic decision of massive violations of human rights declared under ADPF 347 of the year 2015. The purpose of the survey is to verify the role of the judiciary in the public problem that arises from in order to demonstrate whether their performance fosters and deepens the culture of incarceration or whether the measures they have adopted since the decision have been effective in confronting massive incarceration.