IF 2.5 3区 医学Q2 PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTHHealth and Human RightsPub Date : 2023-12-01
Daniel Wei Liang Wang, Luisa Moraes Abreu Ferreira, Paulo Sergio Coelho Filho, Matheus de Barros, Julia Abrahao Homsi, Mariana Morais Zambom, Ezequiel Fajreldines Dos Santos
{"title":"为什么进步的法院未能保护囚犯免受 COVID-19 的侵害?大规模监禁与巴西最高法院。","authors":"Daniel Wei Liang Wang, Luisa Moraes Abreu Ferreira, Paulo Sergio Coelho Filho, Matheus de Barros, Julia Abrahao Homsi, Mariana Morais Zambom, Ezequiel Fajreldines Dos Santos","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>Despite acknowledging the risks of the COVID-19 pandemic for the prison population, Brazil's Supreme Court declined to issue structural injunctions during the health crisis ordering lower courts to consider these risks when making incarceration-related decisions. These injunctions could have been crucial to mitigate mass incarceration and protect the prison population during the pandemic. Through an examination of the Supreme Court's rulings in structural cases and in a sample of over 4,000 habeas corpus decisions, this paper argues that granting these injunctions would have overwhelmed the court with an unmanageable influx of individual claims. Consequently, the Supreme Court acted strategically in anticipation of its limited institutional capacity to enforce compliance with structural injunctions among lower courts. This case study illustrates how practical considerations can hinder structural decisions in criminal law and highlights the limits of structural litigation and constitutional jurisdiction to address mass incarceration.</p>","PeriodicalId":46953,"journal":{"name":"Health and Human Rights","volume":"25 2","pages":"67-82"},"PeriodicalIF":2.5000,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10733772/pdf/","citationCount":"0","resultStr":"{\"title\":\"Why Has a Progressive Court Failed to Protect the Prison Population against COVID-19? Mass Incarceration and Brazil's Supreme Court.\",\"authors\":\"Daniel Wei Liang Wang, Luisa Moraes Abreu Ferreira, Paulo Sergio Coelho Filho, Matheus de Barros, Julia Abrahao Homsi, Mariana Morais Zambom, Ezequiel Fajreldines Dos Santos\",\"doi\":\"\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>Despite acknowledging the risks of the COVID-19 pandemic for the prison population, Brazil's Supreme Court declined to issue structural injunctions during the health crisis ordering lower courts to consider these risks when making incarceration-related decisions. These injunctions could have been crucial to mitigate mass incarceration and protect the prison population during the pandemic. Through an examination of the Supreme Court's rulings in structural cases and in a sample of over 4,000 habeas corpus decisions, this paper argues that granting these injunctions would have overwhelmed the court with an unmanageable influx of individual claims. Consequently, the Supreme Court acted strategically in anticipation of its limited institutional capacity to enforce compliance with structural injunctions among lower courts. This case study illustrates how practical considerations can hinder structural decisions in criminal law and highlights the limits of structural litigation and constitutional jurisdiction to address mass incarceration.</p>\",\"PeriodicalId\":46953,\"journal\":{\"name\":\"Health and Human Rights\",\"volume\":\"25 2\",\"pages\":\"67-82\"},\"PeriodicalIF\":2.5000,\"publicationDate\":\"2023-12-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10733772/pdf/\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Health and Human Rights\",\"FirstCategoryId\":\"3\",\"ListUrlMain\":\"\",\"RegionNum\":3,\"RegionCategory\":\"医学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTH\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Health and Human Rights","FirstCategoryId":"3","ListUrlMain":"","RegionNum":3,"RegionCategory":"医学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"PUBLIC, ENVIRONMENTAL & OCCUPATIONAL HEALTH","Score":null,"Total":0}
Why Has a Progressive Court Failed to Protect the Prison Population against COVID-19? Mass Incarceration and Brazil's Supreme Court.
Despite acknowledging the risks of the COVID-19 pandemic for the prison population, Brazil's Supreme Court declined to issue structural injunctions during the health crisis ordering lower courts to consider these risks when making incarceration-related decisions. These injunctions could have been crucial to mitigate mass incarceration and protect the prison population during the pandemic. Through an examination of the Supreme Court's rulings in structural cases and in a sample of over 4,000 habeas corpus decisions, this paper argues that granting these injunctions would have overwhelmed the court with an unmanageable influx of individual claims. Consequently, the Supreme Court acted strategically in anticipation of its limited institutional capacity to enforce compliance with structural injunctions among lower courts. This case study illustrates how practical considerations can hinder structural decisions in criminal law and highlights the limits of structural litigation and constitutional jurisdiction to address mass incarceration.
期刊介绍:
Health and Human Rights began publication in 1994 under the editorship of Jonathan Mann, who was succeeded in 1997 by Sofia Gruskin. Paul Farmer, co-founder of Partners In Health, assumed the editorship in 2007. After more than a decade as a leading forum of debate on global health and rights concerns, Health and Human Rights made a significant new transition to an online, open access publication with Volume 10, Issue Number 1, in the summer of 2008. While continuing the journal’s print-only tradition of critical scholarship, Health and Human Rights, now available as both print and online text, provides an inclusive forum for action-oriented dialogue among human rights practitioners.