CAT/OP/BRA/2/Add.1
(d)
Human rights courses for postgraduates in the broad sense. According to the
National Prison Service School, between 2006 and 2011, courses were offered in the
framework of the National Network for Advanced Studies in Public Safety, training 800
individuals at 10 different higher education institutions, both public and private, in the five
regions of Brazil.
142. Thus a substantial effort has been made in recent years to provide training for public
servants, especially those working in the area of public safety, on human rights and
combating torture.
1.
Remuneration in the prison services
143. As the Subcommittee noted, the remuneration of public servants working in places
of deprivation of liberty plays a decisive role in the quality of service provided to that
population. It should therefore be noted that the Federal Government is responsible for the
federal prison system and prison staff are paid around 10 times the minimum wage.
144. Although wages are regulated locally in the states of the federation, the Federal
Government set up a working group in 2013 to address the role of prison officers in Brazil,
reach a common definition of the profession, and standardize their training across the
country. The group was created in the context of two meetings that were held in 2013 with
representatives of the National Federation of Prison Official Trade Unions, the Brazilian
Federation of Prison Officials and federal prison officers trade unions.
145. It should be noted that the states of Espírito Santo, Goiás, Río de Janeiro and São
Paulo, which were visited by the Subcommittee, already offer special training and career
paths for prison officers and periodically hold public competitive examinations to select
them.
2.
Measures to reduce the rate of incarceration and incentives for the adoption of
alternative measures
146. While it is known that overcrowding in prisons undermines the guarantee of other
fundamental rights of persons deprived of their liberty, the Brazilian Government
recognizes the challenge posed by rising incarceration rates in the country. A study
conducted by the Centre for the Study of Violence, University of São Paulo, which was
published in 2011, found that close to 88 per cent of prisoners were deprived of their liberty
for the entire duration of legal proceedings. According to data from INFOPEN, there were
184,284 pretrial detainees in 2012, reflecting the complexity of the problem facing Brazil
with respect to prolonged police custody.23
147. In terms of legislation, Federal Act No. 9099/95, which established special criminal
courts at the state level, prohibited imprisonment for petty criminal offences, and required
alternative penalties for offences for which the combined penalty was less than or equal to 1
year’s imprisonment. Moreover, under Act No. 10259/2001, which established special
criminal courts at the federal level, petty offences were defined as ones for which the
penalty was less than or equal to 2 years’ imprisonment. Thus Act No. 10259/2001
increased the number of cases in which alternative penalties were required.
148. With a view to further reducing prolonged police custody, Act No. 12403/11 on
imprisonment and precautionary measures during criminal proceedings was adopted, which
23
32
Maria Gorete Marques de Jesus et al., Prisión Provisoria y Ley de Drogas: un estudio sobre los
flagrantes del trafico de drogas en la ciudad de São Paulo. [Electronic resource]/Centre for the Study
of Violence, São Paulo, SP, Brasil, 2011.
GE.14-42059
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