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COORDINATED AUDIT ON THE PRISON SYSTEM IN BRAZIL - PHASE 2.
Report ID: 387

In view of the difficulties that many audit courts would have in maintaining an audit team focused exclusively on auditing prisons that started in 2017, for two years; it was decided to resize the work to address it entirely in two stages. (The Stage 1 report is available at: https://intosai-cooperativeaudits.org/catalog/report/coordinated-audit-of-the-brazilian-penitentiary-system-2017).

In the first stage, the topics 'electronic system for monitoring the execution of sentences', 'allocation of prisoners' and 'monthly prisoner cost' were addressed. In the second stage it was decided to deepen the analysis of mandatory fund-by-fund transfers, the governance of the prison system (integration and coordination) and the implementation of electronic monitoring systems.

The questions addressed in this second phase of the audit were:

1) Is the control exercised over the resources of the National Penitentiary Fund (Funpen) transferred to the State and Federal District funds in compliance with the requirements established by Complementary Law 79/1994 and by the rules issued by the National Penitentiary Department?

2) Is the technological resource of the electronic monitoring solution adequately implemented and available in the states and the Federal District?

3) Does the governance structure of the public policy of the penitentiary system adhere to the "coordination" and "institutionalisation" components?

4) Does the audit of the penitentiary system carried out by the criminal enforcement bodies comply with the objectives established by the Criminal Enforcement Law?

The participants in the coordinated audit were 22 courts of accounts, namely: Court of Accounts of the Federal District, the Municipalities of the State of Pará, State of Bahia, States of Acre, Alagoas, Amazonas, Amapá, Bahia, Maranhão, Minas Gerais, Mato Grosso, Mato Grosso do Sul, Pará, Paraíba, Piauí, Paraná, Rio Grande do Norte, Rio Grande do Sul, Rondônia, Roraima, Sergipe, and Tocantins.

Source: https://tcu.jusbrasil.com.br/jurisprudencia/574057393/relatorio-de-auditoria-ra-ra-2609620170 ,https://legis.senado.leg.br/sdleg-getter/documento?dm=7733520&disposition=inline