Privatização do sistema penitenciário brasileiro: viabilidade jurídica.

Abstract

The reality of failure of the jails on the world stage, has emerged in certain countries the figure of the privatization of Prisons. The intention is to be resolved many problems that exist in these prisons, e.g., overcrowding, poor hygiene, poor, poor feeding facilities offered to prisoners, rebellions, leakage, torture and ill-treatment, corruption, disregard the rights of prisoners, trafficking in drugs and weapons, among others. To imprisonment performed through inpatient apenado in prisons, has today as the main intention of resocialization stuck, however this goal comes not being reached. In seeking to solve these problems, many countries decided to privatize their prisons, such as France, Germany, Canada, Puerto Rico, Australia, United States and England, the latter two were the precursors. Several models of privatization adopted, there is a total privatization, the transfer of building new prisons held by the private sector, privatization of prison labour and the execution of certain services by private companies (outsourcing). This monographic work aims to present the various existing models of privatization, seeking to demonstrate the legal viability of privatisation in Brazil, in outsourcing mode, which would bring many benefits to prisoners, especially in relation to the rights of same. In addition to determine which services in prisons can be run by companies outsourced; We will also question the principle of legality, which must be respected, otherwise, large inconstitucionalidades happened. For this it is necessary to adopt certain procedures for the preparation of this work, the nature of the methodological aspect we follow a qualitative approach, the procedure was already the deductive method of procedure used is the comparison, we have an explanatory bibliographical search, predominantly through indirect documentation, and finally, with respect to data analysis, we will use reading formative in search of information about the privatization of prisons. Keywords: penitentiary system. Privatisation. Outsourcing.