A ineficácia do sistema prisional brasileiro e a problemática da privatização

Abstract

The purpose of this study was to elucidate the problems inserted in the context of privatization of the Brazilian prison system, as well as its negative consequences regarding the rights of the victims. The research seeks to illustrate the difficulties of administering the prison system in Brazil, as is the case in other countries around the world, especially in regard to the insufficiency of places to serve sentences judicially convicted, in addition to those that comply, inevitably, precautionary and preventive prisons. In order to do so, it was tried to demonstrate that the idea of administrative privatization of incarceration is not a solution to the problem faced by Brazil over penitentiary overcrowding. On the contrary, they constitute significant violations of the rights and fundamental guarantees of the victims. To illustrate the issues raised, the present study is based on the experience of privatizations that do not provide more efficient and more economical services, reproducing, in most cases, the disasters experienced by state penitentiaries, such as the prison complex of Ribeirão das Neves/MG. We used the methodology of the juridical-sociological type, which includes law as a phenomenon intimately linked to social effects. For this purpose, a bibliographic research was carried out on the specific themes, as well as an analysis of the contents and debates discussed here through the study of the doctrine of the mother country and comparative law. In the end, it was understood that the aspirations for the privatization of the prison system appear as a way of solving the problem of prison overcrowding, and also as a way of reducing the expenses invested by the State in the administrative maintenance of such establishments, to the detriment of other constitutional norms of effectiveness, such as the right to health and education. It was therefore concluded that privatization is not a solution, since the problems experienced by the State in maintaining public prisons are reproduced on a large scale by privatizations, as well as causing considerable violations of the dignity of the victims.