Privatização dos presídios: um breve estudo sobre a privatização de presídios no Brasil e sua (in)viabilidade frente a falência do sistema carcerário brasileiro

Abstract

This paper aims to discuss the outsourcing of prisons in Brazil, controversial subject that divides opinion. Briefly mentions the current context of a prison sentence in Brazil. A brief approach to the Criminal Sentencing Act and certain characteristics of Law and the Brazilian penal system implementation is also made. Pointing Models of private prison in the United States, France and England. Shows some discussions that are raised about the constitutionality of the privatization of the prison system, seeking to demonstrate through the different opinions, taking into account the practice used in prison privatization, the effectiveness of the privatization of the prison system. It is noticeable that the opinions are divided, there are those who point to privatization or co-management system as the solution to the crisis in the prison system, as well as those who understand this to be feasible technique. The method used was the doctrinal research, he came to the conclusion that the system of co-management does not affront the current constitutional order and can be used as a way to enhance the support activities provided during the execution of the sentence, without which confronts the exclusive responsibility of the state for criminal enforcement.