A privatização dos presídios estaduais no Brasil: aspectos gerais.

Abstract

Contemporary society has been confronted with challenging ideas, among which worth mentioning the administration of Brazilian prisons. Questions the effectiveness of the current model, since the only systematic individuals in this regime, the conditions offered by state institutions, has been outlining a dichotomy between long Human Rights and Prisons. There remains room for the reconciliation of both concepts. At this juncture, the proposed social recovery takes air of intangible, on indicators of the internal reality of the prisons, which betray their inefficiency. The issue brings to light the debate about the need to analyze the proposed privatization of state prisons in Brazil, considering the economic, political and social information in the process. Model enthusiasts attribute the low rate of recidivism for healthy conditions of the prisons, as well as incentives to work. Concerning the legal framework, the private management of prisons is supported by the observance of the Constitutional Principle of Human Dignity, asserting that the system of public management of prisons is failing in its fulfillment. Thus, to implement public policies designed to guarantee fundamental rights positives, also inside the prison, would be a more efficient recovery of inmates and to prevent recurrence of crime. On the economic side, the measure would optimize expenditures for general government, so also the social welfare would be preserved due to the reduction of violence by reducing the rates of recidivism. This study is devoted to the examination of more recent publications on the subject, and other analytical studies involving the issue. Compare the results within the prison of public and private management, pointing out its major bottlenecks and differences, advantages and disadvantages of the privatization process, as well as legal and ethical issues involved. Examines the viability for the Brazilian prisons in order to improve their results as a tool for recovery of individual inmates. A search was performed based on bibliography, through the opinions of scholars and jurists, as well as analysis of existing legislation in the country to obtain the final result. Comparative law was observed by analyzing the systems implemented in Europe, USA and Brazil. The methodology used is that of qualitative methods and inductive analysis of their data. This allowed the conclusion by the applicability of the proposed model as a means of improving results in rehabilitation of individuals for the return to social life, to the Brazilian situation.