The precariousness of the prison system in the State of Tocantins: Violation of fundamental rights and the limits of human dignity

Abstract

This article examines the structural precariousness of the prison system in the State of Tocantins, confronting the documented prison reality with constitutional guarantees and normative foundations that protect the fundamental rights of persons deprived of their liberty. The research draws on two institutional documents of significant empirical density: the Report on Inspections of Penal Establishments in Tocantins, produced by the State Public Defender's Office in partnership with the National Mechanism for the Prevention and Combat of Torture (MNPCT) following inspections conducted in April 2023; and the Final Report of the Special Inspection Commission of the Bar Association of Tocantins (OAB/TO), released in August 2025. The methodology is qualitative, grounded in bibliographic and documental research, articulating empirical data with the constitutional principle of human dignity (art. 1, III, CF/88), with the theory of fundamental rights, and with the jurisprudence of the Brazilian Supreme Court, particularly the ruling on ADPF 347 in October 2023, which recognized the unconstitutional state of affairs in the Brazilian prison system. Results reveal systematic violations across multiple dimensions: overcrowding, degraded infrastructure, inadequate medical assistance, improper food supply, illegitimate use of force, restricted visitation, and obstruction of legal assistance. The conclusion is that state omission in the face of this situation constitutes unconstitutionality by omission, converting detention into an instrument of human degradation that exceeds the limits of the legally imposed sentence.