On the concept of the unconventional state of affairs

Borrowing the term “unconstitutional state of affairs” (ADPF 347), Siddharta Ferreira states that, in relation to the brazilian prison system, it is also possible to declare an “unconventional state of affairs”. This is because the elements required for the creation of the first category are present in terms of the alleged unconventional state, namely: 1) the repeated violation of the Pact of San José of Costa Rica; 2) the persistent failure of the State to bring a solution; 3) and a structural dispute between the bodies in charge of solving the problem. The various convictions of Brazil in the Interamerican Court provide support to the analogous concept. Thus, the declaration of an “unconventional state of affairs” aims to integrate both the OAS Commission and the Court in the structural controversy, demanding from these international bodies a more concrete intervention, which would increase the possibility of realizing the human rights in question.