A privatização dos estabelecimentos prisionais enquanto alternativa ao enfrentamento da crise do sistema prisional brasileiro

Abstract

The present scientific article addressed the privatization of prison facilities as an alternative to addressing the crisis in the Brazilian prison system, in addition to presenting concepts on the topic and data on the current prison scenario. In the first chapter, concepts such as the State's jus puniendi and the application of penalties by the Judiciary were explored, alongside an overview of the types of custodial sentences in the current Brazilian Penal Code. The chapter also addressed the current crisis in the Brazilian prison system, highlighting issues such as overcrowding, poor conditions, lack of rehabilitation programs, and the presence of criminal factions. Concrete data regarding the crisis was presented, both qualitatively and quantitatively. The second chapter introduced the debate on the privatization of prison facilities as a potential solution to the crisis. It emphasized arguments in favor, such as cost reduction, operational efficiency, and innovation, as well as opposing arguments, including concerns about profit-seeking motives, lack of transparency, and potential influence on incarceration policies. Finally, considerations were made regarding the State's duty to punish and the accountability of private companies, emphasizing the importance of oversight and adherence to human rights. It was concluded that although positive perspectives on the topic were presented throughout the work, the unfavorable points prevailed.