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Pedro Maciel

Lawyer, partner at Maciel Neto Advocacia, author of "Reflections on the Study of Law", Komedi Publishing, 2007.

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Brazilian barbarity

Authorities cannot claim surprise. An initial survey from October 2016 revealed that crime was at war, as the largest Brazilian factions had broken apart and the rebellions were a warning that savagery was unleashed.

“(...) the governments of democratic Brazil have taken only one measure, the same one that President Temer announced a short while ago: building new prisons.” (Frei Beto)

 

I understand little to nothing about the prison system, but recent events in Amazonas have prompted me to research the topic. I intend to share my concerns and what I've found.

The authorities cannot claim surprise. An initial survey from October 2016 revealed that crime was at war, as the largest Brazilian factions had broken apart and the rebellions were a warning that savagery was unleashed.[1].

This information is contained in a journalistic article from Exame magazine, therefore the barbarity that occurred in Amazonas can be considered a tragedy foretold. Furthermore, it occurred in the North region but could have happened in any region of the country.

UN report. Later I found information that at the beginning of last year Juan E. Méndez, a UN human rights expert on torture, criticized the frequent practice of torture and ill-treatment in Brazilian prisons and police stations and went further, pointing to the existence of what he called "institutional racism" in the country's prison system, in which almost 70% of prisoners are black.

The document was presented to the UN Human Rights Council, based in Geneva, and stems from Juan Mendez's in-person visit to the states of São Paulo, Sergipe, Alagoas, and Maranhão in 2015 at the invitation of the Brazilian government.

He visited prisons, police stations, and juvenile detention centers, and met with authorities and civil society organizations. He denounced the frequent use of torture and ill-treatment, both during arrests and interrogations by police at police stations and in prisons. He reported that kicks, beatings with batons, suffocation, electric shocks with 'tasers', the use of pepper spray, tear gas, stun grenades, and rubber bullets, as well as verbal abuse and threats, were common methods used by police and prison officers. 

It is not difficult to conclude that under these conditions, tension in prisons is constant.

Besides the institutional racism and the practice of torture there is endemic overcrowding in prisons. Brazil would be the third country with the largest prison population. per capita In the world, the equivalent of 193 people for every 100 inhabitants. The only public policy that exists is the construction of prisons, when a responsible public policy should be concerned with reducing the prison population.

I imagine that the conditions of detention suggest cruel, inhuman, and degrading treatment. Overcrowding leads to chaotic conditions in prisons and impacts the living conditions of prisoners and their access to food, water, legal defense, medical assistance, psychological support, educational and work opportunities, as well as sunlight, fresh air, and recreation.

Furthermore, the number of detainees without trial is extremely high (40% of the total), and with the high incidence of prisoners for drug trafficking (27% of the total), this is data that must be considered and on which authorities and social entities should reflect and propose solutions.

Interestingly, the report indicates that in prisons with partially or fully outsourced services, no problems such as overcrowding or poor conditions were observed (but this is not the case for the Anísio Jobim Penitentiary Complex in Amazonas, which houses almost three times its capacity.

The rapporteur stated that he was skeptical about privatized prisons, as the privatization of prisons in other countries has resulted in serious violations of the rights of people deprived of their liberty, and the rules for accountability in cases of misconduct by non-state actors can be confusing, and essential services for prisoners may suffer from pressure to maximize profits.

He recommended the introduction of effective measures to combat overcrowding, including a reform of drug trafficking laws with the development of effective standards for determining drug possession based on fixed quantities, among many other recommendations.

What have society and governments been doing? Nothing. Society and governments have done nothing worthwhile or effective.

The truth is that in the 502 years of governments subservient to market interests, nor in the 13 years of social-democratic government, there was no valid debate about a public prison policy; no plan was developed, and therefore, nothing happened beyond the construction of prisons.

Antinomic power systems. I do not disregard the existence of antagonistic power and legal and ethical systems that coexist with our constitutional and legal system.

This antinomy must be recognized and understood before it can be effectively combated. 

The UN and the minimum rules for the treatment of prisoners. There are minimum rules for the treatment of prisoners.

These rules were adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955, and approved by the UN Economic and Social Council through its resolution 663 CI (XXIV) of 31 July 1957, supplemented by resolution 2076 (LXII) of 13 May 1977. On 25 May 1984, through resolution 1984/47, the Economic and Social Council approved thirteen procedures for the effective application of the Minimum Rules.

Therefore, before the Minister of Justice of the coup government attempts to "reinvent the wheel," and without losing sight of the existence of antinomic power and legal and ethical systems coexisting with our constitutional and legal system, it would be appropriate for him to review these rules, especially since in the current prison system there is no effective resocialization of inmates in Brazil, and, in my humble opinion, this would be the main objective of the State maintaining the prison system. 



[1] http://epoca.globo.com/tempo/noticia/2016/10/o-crime-esta-em-guerra-maiores-faccoes-brasileiras-romperam.html

* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.