| Sumario: | The problematization regarding ADPF 347, in particular the declaration of the “unconstitutional state of affairs” (ECI), demands a critique, in terms of reflection, from the positivist matrix of personality rights, and the problematization outlined by Giorgio Agamben regarding to the state of exception, insofar as, not only mass incarceration, but the very conditions of the incarcerated person - the prisoner - reveal the possibility of the suspension of his rights, above all, of personality rights. Within this perspective, also following Michel Foucault's reading, the present study presents, as an object of investigation, through the hypothetical-deductive method, the conditions of the paradox in which the unconstitutionality of the prisoner's condition is recognized, and At the same time, this system of promoting mass incarceration is reproduced through the form of the exception, as a result of the operation of law and politics via an exceptional device of capture.
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