Limites constitucionais e impactos político-criminais da privatização prisional: uma análise da cogestão no Presídio do Agreste-AL

Abstract

This research analyzes prison privatization from the legal-constitutional and political-criminal viewpoints, from the operationalization of the co-management in Presídio do Agreste, in full operation since 2013, through a government contract between the State of Alagoas and the company Reviver Administração Prisional Privada Ltda. Initially, an approach to the origins of prison privatization movements in the international setting is proposed, based on the principle of the State’s right to punish, introducing the differences between the main private management models for prisons, namely, global privatization (stricto sensu), Private-Public Partnership (PPP) and outsourcing (co-management). Then, based on the constitutionalization, an effort was made to assess the start of the privatization in the Brazilian prison system as an alternative to the effectiveness of the vilified fundamental rights of those deprived of freedom. In addition, there is a reflection on the relationship between the expansion of criminal law and prison privatization through the criticism of the neoliberal policy and capitalist market structure. Finally, a comparison of the theoretical study with the empirical data of the reality of the State of Alagoas is made, in order to conclude that the prison privatization is positive regarding the implementation of the human rights in prison, but it reveals being unconstitutional referring to the internal security, discipline, individualization of the sentence and legal assistance, as well as harmful from the political-criminal point of view, since there is a dark circuit in which mass incarceration is the cause and consequence of the feedback from the private prisons market, which use capacity clauses and penitentiary work to stay on a vertiginous growth, seeking the profit. Based on the bibliographical review and the empirical-documentary research, this study dialogued with the theoretical references pillars on the subject, in the light of the data from the Alagoas prison co-management provided by the State Secretariat for Resocialization and Social Inclusion and by Reviver Administração Prisional Privada Ltda., being this research carried out qualitatively, in terms of approach.