specifications of CNPCP 2011 Resolution no. 9, which calls for the building of a nursery and a day nursery module to assist pregnant
incarcerated women and incarcerated women and their children.
113.In 2011, a total of R$2 million from the National Penitentiary Fund (FUNPEN) was applied to the adaptation of Basic Health
Units and Centers of Reference in Mother and Child Health. In 2012, a further R$3.8 million from FUNPEN will be applied for the
same purpose in 20 federative entities, as well for a Specialization Course in Prison Health Management. In addition, R$13.2 million
will be spent on the teams’ maintenance and R$1 million on research and training.
114.At the same time, efforts are under way to equip prison establishments with mother-child health units in all states. To apply this
strategy, R$2.8 million will be spent by the end of 2012 in 17 states on care services for incarcerated women during pregnancy, at
delivery, and while nursing, as well as for their sons and daughters. This financial support is meant for the purchase of routinely used
materials for the health care of the women and their children, such as first aid items; oral health care modules; urgency and emergency
kits; equipment for material collection, and basic and gynecological examinations; and items for the setting-up of the environment
needed for care, family interaction, and the care of mothers and children.
115.Another initiative in respect of women’s incarceration was the appointment of a Special Commission under DEPEN/MJ, charged
with drafting action proposals for the Ministry of Justice’s Strategic Project: “Realization of the Rights of Women in the Criminal
System.”It will work on a priority basis on a child care plan, along with the Inter-ministerial Group set up for formulating
comprehensive policies for incarcerated women and women released from the criminal system.
116.In this connection, it should be highlighted that a First Planning Encounter on Women’s Project was held on 31 Mayand 1
June2012. It was attended by representatives of the states and the Federal District and by members of the DEPEN Special
Commission and of the Inter-ministerial Work Group. The objective was to identify the main state demands as well as good practices
and to firm up proposals for improving public actions and policies related to women’s incarceration. The encounter set a specific
work agenda for institutional strengthening and for closer relations between the Federal Government and the federative members to
guarantee the rights of women in prison.
117.As regards the adoption of children of incarcerated women, it should be pointed out that, under Brazilian legislation, serving
sentence under a closed regime does not entail the loss of paternal power. The placement of children for adoption should follow the
provisions of the Statute of the Child and the Adolescent (ECA) and must have the mother’s authorization; under no circumstances
incarceration means the loss of custody of a child.
118.In view of the SPT denunciations, this issue will be discussed at the next meeting of the Inter-ministerial Work Group. The
Penitentiary System’s Ombudsman Office is also cataloguing the cases and requesting the competent agencies to take action.
F.Comments on the observations of the Subcommittee on Prevention of Torture
119.In the course of the Subcommittee on the Prevention of Torture’s visit to Brazil, three issues were raised, which the
BrazilianState now seeks to clarify: examinations after initial detention; reprisal for asking medical care; and care of victims of torture
and ill-treatment.
120.It should be pointed out that CNPCP Resolution no. 7 of 14 April 2003 calls for the realization of a medical exam soon after the
initial detention, consistently with international standards. The confidentiality of medical care is assured wherever it takes place and is
mandatory for all doctors under the Medical Ethics Code.
121.As regards reprisal, under their protocol the health teams are instructed on how to promote the observance, by the other teams,
of the human rights of persons deprived of liberty. With the adoption of pedagogical strategies by the Ministry of Justice and the
Ministry of Health, which were reinforced as of 2011, and with the expansion of the coverage of the National Health Plan in the
Prison System, and the compulsory signing of contracts by the municipalities as of 2013, these issues will be more thoroughly
addressed and assured.
122.Specifically in respect of the care of the victims of torture and ill-treatment, the Ministry of Health, under its Administrative Rule
no. 104 of 25 January 2011, established that “agravo” means any damage to the physical, mental, and social integrity of the
individuals as a result of noxious circumstances, such as accidents, intoxication, drug abuse, and lesions self-inflicted or inflicted by
others. The Administrative Rule also defined domestic, sexual, and/or other forms of violence as agravos that must be compulsorily
notified. Such acts should be notified and entered by the health professional into the Agravo Notification Information System
(SINAN) pursuant to the routine norms established by the Ministry of Health’s Health Surveillance Department. It should be noted
also that the third edition of the National Human Rights Program included the programmatic action of training and qualification of
official forensic experts as well as of public health agents to improve identification and records of torture.
G.Justice and public security system
(a)Access to justice
123.To guarantee the right of persons deprived of their liberty to due process, Brazil has established 21 legal assistance units to help
detainees and their families and 17 structured headquarters in 19 states and in the Federal District, at a total cost of R$15 million,
which permitted 390,000 persons to be assisted, as follows:
19Specialized Nuclei of Legal Assistance to Detainees and their families, provided by Public Defender Offices in the following states:
Acre, Alagoas, Bahia Ceará, Federal District, Espírito Santo, Maranhão, Minas Gerais, Mato Grosso do Sul, Pará, Pernambuco,
Piauí, Rio de Janeiro, Rondônia, Rio Grande do Norte, Rio Grande do Sul, São Paulo, Sergipe, and Tocantins. In addition, there are
two Federal Public Defender Office nuclei in the following federal penitentiaries: Cantaduvas, in the state of Paraná, and Mossoró, in