As PPP’S no sistema prisional e a busca pela eficiência e qualidade na execução penal

Abstract

Brazil’s inmate population ranks as the fourth largest in the world. This fact notwithstanding, data confirms that Brazil’s prisons are currently not large enough to accommodate their many inmates, and that this overcrowding has led to diminished inmate access to constitutional and legal rights. Furthermore, Brazil’s overcrowded penal system does little to facilitate inmate’s societal reintegration. In as much as Brazil’s large inmate population is the principle problem of the country’s penal system, it is critical that this system quickly expands to better accommodate the inmates it reports to serve. In this context, public-private prison management partnerships provide an alternative to the exclusively public prison management model. The following analysis examines the application of such public-private partnerships to the Brazilian prison system and uses the Criminal Prison Complex in Ribeirão das Neves, Minas Gerais as a case study. More specifically, this study asks if the Ribeirão das Neves complex has conditions to improve the quality of Brazil’s prison infrastructure and to apply penal system resources in a manner that is both efficient and compatible with principles established within Brazil’s Laws of Penal Execution (LEP). Through a careful bibliographical review, this study offers an analysis of the current state of the prison system, orders for criminal execution, the process of decentralizing public services in Brazil, as well as the nature of public- private partnerships and its application to the prison system. As previously noted, this study also examines the Ribeirão das Neves incarceration model and concludes that that while public-private partnerships are a viable and promising alternative for the creation and management of prisons, they do not offer a panacea for all of Brazil’s penitentiary system’s problems. Indeed, to be successful, such partnerships must be rigorously accompanied by the oversight of Brazil’s legislative, executive, and judicial branches and enjoy the scrutiny Brazilian society in general.