CAT/C/39/2
page 74
Government acts to induce public policies in the field of security, establishing standards of
rewards for the sates that comply with the set directions. We stress that the states of Rio Grande
do Sul, Distrito Federal and Ceará do not keep detainees in police precincts.
313. Regarding the precincts mentioned in this paragraph - 9th District Delegacia de Polícia
Participativa in São Paulo and 5th District Delegacia Legal in Rio de Janeiro, the Brazilian
Government informs that they no longer hold detainees, These have been transferred to custody
facilities or provisional detention centers in the respective states.
“192. The Committee members consider that the new disciplinary regimes (RDD/RDE)
may lead to violations of the human rights of inmates held under these regimes,
particularly where they are held in isolation for long periods of time. They regretted not
having been able to visit any centres of RDD/RDE due to their distance from the state
capitals. In this regard, the Committee members are concerned that the geographical
distance between these centres and the location of the family members of most inmates
impede visits by family members.”
314. The public security policy of the Federal Government in what regards penitentiaries has
sought to solve, through multiple actions, the serious problems of overcrowding, rebellions and
relapse. As was already mentioned, one of the targets is the broadening of the application of
alternative sentencing and several cautionary measures different from provisional custody.
Incarceration should be applied to more serious crimes.
315. The federal special maximum security prisons, provided for since 1984 in the Penal
Execution Law, are now under construction (two have been opened and two other are being
built).
316. It is well known that among other causes, prison rebellions are sparked by organized
groups of criminals who maintain the hierarchical structure of their bands inside the prisons. The
federal penitentiaries will hold high-risk criminals, who may jeopardize the security of the
facility or become the victims of attempted assassination inside the prison itself. The
Government’s aim is to assure greater isolation of the bosses of organized crime and at the same
time to reduce the tension in the state prison system. Free of rebellions usually provoked by the
most dangerous individuals, local authorities will be able to dedicate more attention to the
recovery of the prison population and the social reinsertion of the inmates after having served
their sentences.
317. Federal prisons, however, are not designed for the full term of the sentences. Only for a
certain period (maximum two years), and upon justification of the need, high-risk inmates will
be kept in federal facilities.
318. Therefore, differentiated disciplinary regimes can only be applied in cases of extreme need,
in order to ensure public security, always for fixed periods of time. Their application can only be
decided by a judge, after hearing the Public Prosecutor’s opinion and the defendant having been
assured the full right of defense. The construction in faraway places is largely a consequence of
the difficulties to select the sites due to constant resistance from communities.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents