Stanley Martins Frasão *

Recently I have had the opportunity to watch the video presented by the bachelor in Law, Vivian Azevedo Rodrigues, presented on the Parliamentary Inquiry Commission (CPI) of the Brazilian Penitentiary System, depicting its negative situation and criticizing it. The CPI was created with the goal of investigating the reality of the penitentiary system, focusing on the overpopulation of the detention centers, the economic and social costs established, the permanence of the prisoners who have already finished their term, the violence inside the institutions of the prison system, the corruption, organized crime and its ramifications in the prison facilities, and to seek solutions for the effective implementation of the Penal Law.

The aforementioned CPI, after ample studies and analyses of 56 prison establishments in 18 States, presented the Bill 4202/2008 which: (i) alters the procedures for material assistance, health assistance (of preventive and curative nature, encompassing medical, pharmaceutical, dental and psychological care), and judicial assistance for the interns, and discharge assistance, (ii) increases the number of members of the National Council for Criminal and Penitentiary Policy to 19 (the members’ mandate in the council will last 2 years, allowing continuation), (iii) creates at least one Center for the Monitoring and Accompaniment of the Execution of Penal Sentences and Alternative Measures to Imprisonment per municipality, equipped with inspecting teams and interdisciplinary teams composed of psychologists, social workers, educators and other professionals whose field of knowledge is related to the execution of penal sentences and alternative measures to imprisonment, and (iv) establishes that each municipality will have at least one public jailhouse in order to guarantee the interest of the Administration of Criminal Justice and the permanence of the prisoner in a place near his or her family and social milieu.

Furthermore, the admittance of prison personnel, the progression of ascension of employees will depend on specific educational courses in which it is mandatory to study human rights, carrying out regular update of active employees. And the director of the detention center will have to hold a graduate degree or specialization in prison administration.

The sale of products and contracted services will be explored by the administration of the detention center, and the funds obtained shall be transferred to the National Penitentiary Fund, and the prices of the products and services will be fixed by the Judge after hearing the Public Ministry, which shall inspect the sales and services and the destination and investment of the funds obtained.

The State may join partnerships, deals and covenants with the goal of professionalizing the price with SESC, SESI and SENAI.

It is important to stress that the Centers for the Monitoring and Accompaniment of the Execution of Penal Sentences and Alternative Measures to Imprisonment will constitute a sustainable social network, integrated by governmental and non-governmental entities with the objective of offering positions and services necessary to the structuring, monitoring and inspection of the conclusion of penalties and alternative measure to imprisonment. The State will set partnerships, deals and covenants with the Brazilian Bar Association, public and private universities, NGOs in the fields of justice, social development, citizenship and human rights, and with representative entities of the community linked to penal execution, in order to constitute a social network.

The execution of the penalties and alternative measures to imprisonment will be carried out in an integrated, articulate, interactive and inter-institutional manner, with the implementation of social public policies in the fields of health, schooling, professionalization and job and income generation.

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* Stanley Martins Frasãois attorney at "Homero Costa Advogados"