Coordinated Audit of the Brazilian Penitentiary System 2017

Report ID: 385

Although prison management is the main function of the federated states in Brazil, taking into account the balance of the National Penitentiary Fund and in order to examine the most relevant aspects of the operational management and infrastructure of prisons in Brazil,  the Court of Audit of the Union of Brazil, together with 22 Courts of Audit, and the support of the Association of Members of the Courts of Audit (Atricon), the Rui Barbosa Institute (IRB) and the National Council of Attorneys General (CNPGC), conducted a coordinated audit on this topic.

The audit addressed issues related to the emergency measures taken to address the recent rebellions (January / 2017) that occurred in several Brazilian criminal court establishments, the electronic system of monitoring the execution of sentences, the adequacy of the allocation of prisoners, the provision of services to those in need by the Public Defender's Office and the monthly cost of the prisoner. 

The following questions were addressed in the audit:

(a) Are the strategies adopted by the Union and the states / FD sufficient or adequate to prevent or contain rebellions in prisons?

b) Is the monitoring of the execution of sentences in accordance with the provisions of Law 12.714 / 2012?

c) Does the allocation of inmates in penitentiary establishments comply with the provisions of articles 82, §1, 84, 85, 87, 91, 93 and 102 of the LEP?

d) Does the Public Defender's Office provide a full and free service inside and outside prisons in accordance with articles 16, 81-A and 81-B of the LEP?

e) To what extent do the managers responsible for the management and implementation of public policies aimed at the penitentiary system know the monthly cost of each inmate in order to evaluate the management of the system?

The study covered the Federal District and 17 other states: Acre, Amazonas, Bahia, Maranhão, Minas Gerais, Mato Grosso do Sul, Mato Grosso, Pará, Paraíba, Piauí, Paraná, Rio Grande do Norte, Rondônia, Roraima, Rio Grande do Sul. Sergipe, Tocantins.

The audit found, among others, that 59% of the 17 states inspected had not calculated the monthly cost of the prisoner in the last three years. Also with data from the last three years, no state analysed sent the monthly cost of the inmate to the National Penitentiary Department (Depen). Although the National Council of Penal and Penitentiary Policy (CNPCP) has established parameters for the calculation of this cost, 83% of the respondents do not follow these criteria.

Another fact that stands out is the fact that 11 out of the 18 units of the federation (UF), including the Federal District, therefore 61%, faced some kind of rebellion between October 2016 and May 2017. It was also verified that the majority of rebellions during this period took place in establishments with a shortage of space: 18 of the 23 penitentiary units that had a record of rebellions. In other words, 78% of the cases of rebellion took place in overcrowded prisons.

Source: https://portal.tcu.gov.br/imprensa/noticias/realidade-prisional-auditoria-mostra-que-o-custo-mensal-do-preso-e-desconhecido-em-varios-estados.htm  

** The summary of the audit is part of Ruling 2643/2017 - TCU Plenary (Process: 003.673 / 2017-0).