The article aims to verify the conditions of penitentiaries in Brazil and its reflection on prisoners.The Federal Supreme Court judgments in Extraordinary Appeal n.592.
581 (RE) and Precautionary Measure in the Allegation Injunction of breach of fundamental precept n.347 (ADPF), CHONDROITIN SULFATE where recognized the "unconstitutional state of affairs" to impose regulatory measures by the Executive Branch and by the Judiciary, focusing on the limits of its performance in the prioritization of public security policies EGCG regarding penitentiaries and the fundamental rights of prisoners in the light of neoconstitutionalism.