STRUCTURAL PROCESSES, BRAZILIAN PRISON SYSTEM AND NEGOTIATED ENFORCEMENT OF COURT RULINGS

The reality of structural processes in Brazil in the 21st century has brought to light a new conception of how to proceed with the fulfillment of decisions that change the entire way in which a Public Administration structure works and equips it, as well as the way in which a given public policy must be developed. In the present essay, I try to clarify the ways in which it would be possible and viable to conform the factual reality with judicial decisions rendered in complex judicial processes, whose contours demand from the valet a technique that can reframe common postulates of the judicial process and many of its basic principles, with emphasis on the possibility of negotiated compliance with condemnatory sentences handed down against the government. For that, I will use the hypothetical-deductive method, based on bibliographic and documentary research, based on judgments on the subject and in specialized literature.