Abstract
This article sought to discuss the right to life contained in the Federal Constitution of 1988 from the severe hunger of prisoners in the Brazilian prison system. The paper evaluates the issue of the right to strike in the prison system in contrast to the right to life contained in the caput of article 5 of CF / 1988 that must be preserved by the State in order to prevent people from dying due to the state's failure to preserve the right constitutional. The interruption of hunger strike by prisoners of the prison system by state intervention is not an atypical fact that is beyond the incidence of the prisoner's right to strike in order to expose the ills of the prison system. This article went through the Brazilian Constitution to clarify doubts about state intervention and how ethical and legal such an act is.