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The penitentiary public policy finds it difficult to be implemented in terms of which it has been established by the specific legislation, which violates the objective dimension of the fundamental rights of the imprisoned. Such a situation makes it possible to declare a state of unconstitutional things, which results in judicial intervention, including the budget for deficit public policy. The objective of this work is to reconcile the authorising dimension of the budget with the limits of the judicial intervention, elucidating that this intervention should only occur in situations where the minimum existential rights Fundamentals is not being fulfilled

DO CONTIGENCIAMENTO AO ESTADO DE COISAS INCONSTITUCIONAL: A INTERVENÇÃO DO JUDICIÁRIO NA EXECUÇÃO DA POLÍTICA PENITENCIÁRIA