A utilização das parcerias público privadas como instrumento de melhoria do sistema penitenciário nacional.

Abstract

This study aims to analyze the public-private partnerships' institute and the possibility of using them as a way of improvement for the national prison system. Broach about the peculiarities of such institute, inserted in the Brazilian through the enactment of Law 11.079/04, its modalities and procedure. Exposes the reality of crisis and overcrowding plaguing the prison establishments in Brazil, degrading and inhuman treatment that is meted out to the inmates and to disregard the norms of protection laid out in the Law 7.210/84 and other regulations that deal with the prisoner condition nationally and internationally. Furthermore the study addresses generated discussion among jurists regarding the feasibility, benefits and detriments that the institute can bring to the Brazilian prisons, bringing as an example the first Brazilian penitentiary implemented through a public-private partnership in the state of Minas Gerais. Specifically, the paper demonstrates that remain amply proven the benefits of implementing Public Private Partnerships to enhance the structure of prisons and provide better care to the inmates, giving them decent quality of life inherent in the human condition.