CAT/OP/BRA/2/Add.1
community councils’ access to correctional facilities, individuals and offices, and the use of
audiovisual equipment and other matters.
100. Community councils perform a legitimate and important function, bringing prison
and society closer and countering the social invisibility incarceration helps create. They
provide a means of better understanding social relations and embody a hope that it will be
possible to move on from the problematic model for the resolution of social conflicts that
prison has become.
G.
Maximum security regime and organized crime
101. The Subcommittee considered that maximum security prisons should not be the
norm and that they should be avoided especially in the case of pretrial detainees. In keeping
with the Subcommittee’s recommendations, the Federal Government is not encouraging the
creation of maximum security state prisons. The situation in the State of Espírito Santo,
which has a maximum security state prison, is the exception, not the rule.
102. The federal maximum security prisons are provided for by law and are suitable for
special cases, their objective being to promote public safety and protect the inmates. The
model chosen for the federal maximum security prisons is justified by the profile of the
inmates transferred to these prisons – i.e. those who are most dangerous.
103. The Federal Penitentiary System was conceived as a contribution to national public
safety, isolating the country’s most dangerous prisoners with a view to combating violence
and organized crime through differentiated criminal sentence enforcement. The purpose of
the federal correctional institutions is to facilitate the administrative implementation of
measures restricting the freedom of prisoners — whether awaiting trial or convicted —
whose internment is justified in the interests of public safety or their own safety, or of those
subject to the differentiated disciplinary regime under the Federal Penitentiary Regulations,
approved by Decree No. 6049 of 27 February 2007.
104. It should be noted that the federal system is an exception to the rules on prison terms
for the accused: an accused person may not remain incarcerated for more than 360 days, a
term renewable once if incarceration is still necessary.
105. In this context, the federal maximum security prisons were built to accommodate
highly dangerous inmates who may jeopardize order and public safety in their states of
origin. It should be emphasized that the same penal and human rights legislation applies
and is observed in maximum security facilities as well.
Impact of federal prisons’ action on organized crime
106. Decree No. 6049/2007, which approved the Federal Penitentiary Regulations, states
that as a preventive measure to stop the formation of criminal gangs in federal prisons,
“convicted prisoners shall not have contact with those awaiting trial and shall be housed in
separate blocks”. A further such preventive measure is the placing of inmates in individual
cells, each federal prison having a maximum capacity of 208 inmates.
107. The Federal Penitentiary System also has a Prison Information and Intelligence
Office, which controls and protects information obtained by the various agencies of the
Federal Penitentiary System. It also liaises between the Federal Penitentiary System and the
federal and state intelligence agencies, handling and passing on information about criminal
organizations, gang members and the implications of their activities in the prison system.
108. The Office is likewise the body responsible for advising the Directorate of the
Federal Penitentiary System when critical situations arise in federal prisons. It is the body
GE.14-42059
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