HUMAN RIGHTS AND INTERINSTITUTIONAL COOPERATION: COMMENTS ON THE CONSTRUCTION OF PUBLIC POLICIES TO CONFRONT THE UNCONSTITUTIONAL STATE OF AFFAIRS IN THE BRAZILIAN PENITENTIARY SYSTEM

Abstract

This article examines the trajectory of the Justiça Presente (Present Justice) and Pena Justa (Justice for the Right) programs, developed by the National Council of Justice (CNJ) in partnership with the United Nations Development Program (UNDP), as public policy instruments aimed at reorganizing the criminal justice system in Brazil. The analysis begins with the Supreme Federal Court's recognition of the unconstitutional status of the prison system and focuses on the strategies adopted to improve entry into the criminal justice system, reduce prison overcrowding, and align institutional practices with international human rights commitments. The study highlights the methodological continuity between the two programs, their normative and operational foundations, and the centrality of the Judiciary in formulating public harm reduction policies. The research proposes that these programs constitute relevant experiences in institutional alignment with inter-American and multilateral standards, especially regarding the exceptionality of pretrial detention, protection against torture, and the expansion of alternative punishments. Based on accumulated experience, the article discusses the limits and potential of the adopted model, as well as the challenges for its consolidation on a national scale.