CONSTITUTIONALISM, SUPREMACY OF THE CONSTITUTION AND STATUS OF THINGS UNCONSTITUTIONAL

Abstract

Through the historical analysis of constitutionalism, it appears that the fundamental rights foreseen in the Federal Constitution of Brazil were derived from social movements, which had as their main objective the guarantee of rights and the limitation of power. The rights conquered must be maintained at all costs, as well as effectively guaranteed in practice by public policies that, once not implemented, should be pursued through the courts, in which the judiciary must determine their implementation. In Brazil, ADPF 347 / DF resulted from the inertia of the public agencies regarding the prison system, which was declared their Unconstitutional State of Things.