We cannot divide ourselves into those who are for or against criminals; that is the slogan of those who do not want to move forward.
This week, 56 people were killed, many of them decapitated, inside a prison in Manaus. The country's illegitimate and arrogant president avoided commenting as much as possible. But there's no escaping the debate. This event reopens the discussion about the problems of the prison system in Brazil.
This week, 56 people were killed, many of them decapitated, inside a prison in Manaus. The massacre at the Anísio Jobim Penitentiary Complex drew international attention. The United Nations (UN) demanded an investigation into those responsible for failing to prevent the violation of human rights. Pope Francis analyzed the episode, speaking of his suffering and appealing for prison institutions to be places that re-educate people.
The country's illegitimate and arrogant president avoided commenting as much as possible. But there's no escaping the debate. This fact reopens the discussion about the problem of the prison system in Brazil. A penitentiary system that, in addition to infrastructure problems and severe overcrowding, reflects the reality of criminal factions controlling it from within.
This is a tragedy foretold by the absence of a state policy. However, the Justice Minister's stance, in attempting to dissociate the explanation of the massacre from gang wars, indicates that the government is unwilling to confront the harsh reality and prevent prisons from continuing to be part of the structure of organized crime in the country. One of the factions, the so-called "Família do Norte" (Family of the North), even filmed and reproduced images of the decapitations. Therefore, omission is a stance that allows the execution of prisoners, and this is called the institutionalization of barbarity.
Experts point to several factors contributing to overcrowding in the country and the explosion in the incarceration rate. One of them is the non-application of the Law of Precautionary Measures, which provides for alternatives to imprisonment. Another aspect discussed is the failure to observe the separation of prisoners, which was first foreseen in the 1824 Constitution, which stipulated that prisons should have prisoners separated by type of crime or sentence and that they should be adapted so that inmates could work.
The lack of access to justice in the country is another factor contributing to the chaos of the prison system. Data from the Ministry of Justice in 2013 shows that Amazonas, for example, the state where the most recent massacre occurred, had the highest rate of pretrial detainees in the Brazilian system. Thus, it was predictable that this massacre would occur, just as it is possible to affirm that another such episode will soon erupt in the country, as long as the logic of deliberately imprisoning and imprisoning people as if this were synonymous with or a guarantee of security for society persists.
Another aspect to consider regarding the explosion in the number of incarcerations in the country, which should be observed, is the imprisonment of drug users, or those caught with small quantities of drugs. The issue of drug trafficking, which generates a lot of noise with the arrest of those carrying small amounts, puts a huge contingent of people in the hands of powerful factions who become members of these organizations in exchange for protection and other resources they gain access to when they ally themselves with them. In this logic, when released, the person returns to committing even worse crimes under the command of large criminal organizations. Thus, like a vicious circle, the prison population only increases.
It is necessary to reflect on these and other diverse aspects. Simplified solutions do not yield results in addressing such a complex issue. For example, the much-touted privatization, considered the most effective way to manage institutions like prisons and others. We cannot ignore the fact that the Manaus penitentiary complex was under the responsibility of a private company that receives more than R$ 4 per month for the maintenance of each prisoner, in addition to the State maintaining some services within the mixed management structure. It is worth revisiting the arguments that warn us about the discourse of privatization efficiency, which serves to reduce the role of the State and transform public services into profitable commodities.
Specifically, we need to learn to think in a way that allows us to address the issue of public safety without reducing the discussion to a stage for displaying beliefs and fallacies. The fact is that having non-violence as a principle and aiming to build alternatives for education and inclusion does not relegate anyone to the common pitfall of being a "defender of criminals."
We are not divided between those who are for or against criminals. That's the slogan of those who don't want to build a common understanding and move forward. Perhaps it serves as a guess or opinion, but it does nothing to confront the growth of organized crime and the failure of our prison system.
It is important to remember that in 1935 the "Penitentiary Code of the Republic" established, in addition to the state's right to punish, the duty to rehabilitate the prisoner. Then, in 1984, the Penal Execution Law established in its articles 10 and 11, as a duty of the State, a series of assistances to the prisoner, aiming at their return to coexistence in society, such as material, health, legal, educational, social and religious assistance.
Therefore, this debate cannot be an open door for those who wish to express their convictions or promote themselves irresponsibly among the general public. This makes the debate quite irrational and prevents us from making progress in overcoming the problems.
Paulo Pimenta is a journalist and federal deputy for the PT-RS (Workers' Party of Rio Grande do Sul). In the Chamber of Deputies, he was the rapporteur for the Parliamentary Commission of Inquiry into Arms Trafficking and the rapporteur for the Parliamentary Commission of Inquiry into Urban Violence.
* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.
