Estado de coisas inconstitucional no sistema prisional brasileiro: o papel transformador dos tribunais de contas como indutores de políticas públicas

Abstract

The crisis in the Brazilian prison system is an emblematic case for the analysis of public policies and the performance of public administration. This study aims to analyze the efforts to address the Unconstitutional State of Affairs (ECI) in Brazilian prisons through the lens of wicked problems theory, highlighting the role of the Courts of Auditors in promoting collaborative and innovative solutions. The research is based on the ADPF 347/2015 ruling, which recognized the structural unconstitutionality of the prison system, and on Brazil’s commitment to the 2030 Agenda of the United Nations (UN), especially SDG 16, which seeks to strengthen effective institutions and promote justice. The methodology used is qualitative, based on a bibliographic review and documentary analysis, focusing on the performance of the Court of Auditors of the State of Goiás (TCE-GO) in guiding public governance practices. The study concludes that collaborative governance, combined with the orientative oversight of the Courts of Auditors, is essential to addressing the complex and structural challenges of the prison system. Thus, aligning Brazilianpublic policies with the 2030 Agenda is crucial for building a more inclusive, transparent, and efficient public administration.