CAT/OP/BRA/2/Add.1
recommendations from various government agencies, as well as from civil society, which
was able to express itself through a public survey.
75.
The Resolution should be used as a benchmark for all prison-related construction in
the country. The Basic Guidelines for Prison Construction steer implementation of the
National Prison System Support Programme, with the construction of new facilities or the
refurbishment of older ones using federal resources subject to the adoption of an
appropriate framework for security and for respect of the human person.19
76.
The preparation and proposal of such standard projects implies a significant
qualitative leap in the administration of domestic prison policy. Several federal entities
have transferred responsibility for the formulation of projects to the private sector,
especially when, as experience shows, there are shortages of technical teams. Since, in most
cases, the companies do not have the appropriate expertise for such projects, the facilities
were not always conceived in a manner consistent with the ideal aims and circumstances of
incarceration.
77.
On 26 December 2013, Provisional Decree No. 630 was published, proposing an
amendment to Act No. 12462/2011 with regard to the differentiated regime for public
procurement in Brazil. Provisional Decree No. 630 makes it possible, through the
differentiated public procurement regime to award engineering contracts for the
construction, expansion and refurbishment of correctional facilities and socio-educational
establishments for minors in conflict with the law. This regime provides for swifter and
simpler procedures for awarding construction contracts. The Decree requires the approval
of Congress and is currently being reviewed by a joint committee of deputies and senators.
E.
Oversight bodies
78.
The Brazilian State shares the Subcommittee’s view that the existence and success
of ombudsmen specific to the prison system are vital to the struggle against torture and
corruption. Thus the Federal Government, through the Office of the National Prison
Ombudsman, encourages the creation of state-level ombudsmen with operational
autonomy.
79.
The Federal Government recommends that states should create specific ombudsmen
to oversee policies affecting persons deprived of their liberty. The country currently has 15
state prison ombudsmen’s offices.
19
20
State
Office of the Ombudsman
Acre
Office of the Ombudsman, Institute for Prison Administration
Alagoas
Office of the Ombudsman for Prisons, Executive Secretariat for
Social Rehabilitation
Amazonas
Office of the Ombudsman for Prisons
Bahia
Office of the Ombudsman, Prison Administration
Goiás
Office of the Ombudsman, Goiás State Agency for the Prison System
The National Prison System Support Programme is further detailed in section 5 of the present
document.
GE.14-42059
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