Privatização de instituições prisionais e avaliação psicossocial: entre o direito e o lucro

Abstract

This study aims to examine the constitutionality of the transfer of psychosocial assessment of incarcerated, held while serving the sentence of imprisonment, to private initiative. With the privatization of prisons becoming a reality in Brazil, it is necessary to take each of the activities related to the prison system, in order to analyze which ones can be transferred or not to private companies. Through the analysis of models of privatization initiated abroad and experiences already lived for several states of our country, we seek to understand if the psychosocial assessment, while clear manifestation of jus puniendi of the state, would be a mere inspection activity and could be delegated to the controlling company, or whether it would be a sanction activity and must remain controlled by the government.