Da inconstitucionalidade por omissão ao Estado de coisas inconstitucional

Abstract

The unconstitutional omission is a challenging subject. This research is intended to review the assumptions of its configuration, trying to explain how omission can become an unconstitutional state of fairs . If there is massive violation of human rights resulting from omissions typified like structural failures, the Colombian Constitutional Court declares an unconstitutional state of fairs. When does it, the Court embraces structural remedies towards to overcome the negative picture. I defend here this technical like a possibility for Brazil and Supremo Tribunal Federal.That´s an example of judicial activism in its structural dimension. However, this judicial attitude can be legitimate if involved the unconstitutional state of fairs assumptions and the Tribunal makes flexible decisions, ordering be created and implemented public policy, but allowing politic powers to shape the policies. Brazilian prison system is an example of unconstitutional state of fairs requests judicial intervention like this.