Privatização do sistema prisional.

Abstract

The brazilian penitentiary system has the mission to punish, to monitor, and to re-socialize the imprisoned individual with a view to get back social coexistence, has transformed itself in a failed institute that recovers no one. There is a lack of about 130.000 vacancies in prison for imprisoned inmates, aside of around 200.000 vacancies in prison for those considered fugitives. The public-private partnership called PPP, bring us the advantages of outsourcing, such as the condition of the inmate to recover and effective law enforcement. Nowadays¸ one of the biggest obstacles brought by experts in the field, would be the high cost for each detainee, likelihood of corruption aiming the profits through warranties of arrest and the biggest premise, that is the exclusive power of the State to punish. The degrading situation of the detention center is obviously illegal, according to legal provisions that ensures the bare minimum of a humane treatment of inmates. Such is the case of article 3º of Penal Execution Law: “To the convicted and to the interned shall be ensured all the rights not reached by the sentence or the law”. Our Magna Carta, in its article 5º, item XLIX, establishes “it shall be ensured to the prisoners the respect for physical and moral dignity”. Item III, of said article, gets the assurance of “no one shall be subject for torture or cruel, inhuman or degrading treatment.” The very same rights are laid down in the Universal Declaration of Human Rights as well as in the American Convention on Human Rights, in its article 5º §2º. There is also the UN Standard Minimum Rules for the Treatment of Prisoners and resolution 14/94 of the National Council for Criminal and Penitentiary Policy, although it is a legal framework ignored by the State. In this work we will investigate the operationalization by the private sector of the public services related to criminal execution, improving the management of prisons, transferring only logistics and administration to the private partner, analyzing possible advantages and disadvantages in this partnership. The main problem will be whether the feasibility of a particular penitentiary management will provide the prisoner with more worthy conditions to fulfill his sentence, as well as the big question: Is the inmate in the public prison system reorganizing for crime? We will use the dialectical-historical method demonstrating the constant evolution of society. There is the need to a radical change on an emergency bases of the Brazilian penitentiary system, taking out of the hands of a failed State the management of penitentiaries and prisons, which currently have become a pile of human beings and crime “schools”, having lost its purpose to re-socialize.