Brazil’s Prison Violence Reflects Deeper Social Problem

By Andrew Johnson*

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An interim detention center in São Paulo, Brazil. / Rovena Rosa / Agência Brasil / Wikimedia / Creative Commons

It has been a horrific start to 2017 in the Brazilian prison system, and reversing the trend will take much more than increased public funding.  A wave of violence began on New Year’s Day when 56 inmates were killed during a riot inside of a penitentiary in Manaus.  A series of deadly inmate uprisings followed that massacre, bringing the number of inmates killed this month to 120.  Macabre images of inmates’ decapitated corpses strewn about prison yards captured on cellphone cameras and posted to the internet reminded Brazilians that overcrowding, a weak state presence, and institutionalized gang power have combined to make Brazilian prisons – with over 600,000 inmates – tinderboxes ready to ignite at almost any time.

  • During a year I spent conducting fieldwork inside jails and prisons in Rio de Janeiro for a book and documentary film in 2011, I saw inmates crammed into cells at three and four times their intended capacity. On the worst nights, men unable to find space on the floor or a concrete bunk tied their torsos to the steel gates with t-shirts and attempted to sleep while standing.
  • The Comando Vermelho and other gangs controlled entire cellblocks and used smuggled cell phones and strategic visitors to maintain regular contact with leadership. This communications capability and weapons caches inside the cellblocks enabled them to act as the de facto government. Prison guards knew that they were outgunned and outnumbered, and they knew their off-duty lives could be easily extinguished by an order initiated inside the prison.  January’s riots revealed how thin the veneer of state control really is inside.

Impassioned pleas, prompted by the riots, to reduce overcrowding and provide more resources to Brazil’s prison system are being launched in a time of austerity.  The Brazilian Senate recently approved legislation that could freeze public spending for the next 20 years.  Public investment would certainly reduce the likelihood of future riots, but the crisis in Brazil’s jails and penitentiaries is not caused simply by underfunding.  It is the result of decades of the state treating inmates, and the residents of the neighborhoods where most of them were born, as less than full citizens.  Pastor Antonio Carlos Costa, leader of the human rights organization Rio de Paz, told me the state and public’s reactions to the many thousands killed by the police and hundreds murdered in prisons each year were limited because “they are poor people, people with dark skin, people considered killable.  These are deaths that don’t shock us, they don’t make the Brazilian cry.”

There is no excuse or justifiable defense for the inmates involved in the 120 murders that occurred inside Brazilian prisons this month.  It was an inhumane slaughter propelled by gangs, greed, and a power grab.  But the solution to Brazil’s profoundly troubled prison system lies much deeper than increasing public spending or reducing overcrowding.  Refusing to treat people as killable, gang-affiliated or not, is a goal that may take decades and will require a commitment that is much costlier than any public spending intervention or new legislation.  Laws protecting human rights would have to be enforced for all Brazilians, including prisoners.  Law abiding middle and upper-class citizens would have to push back and no longer tolerate some of the world’s highest murder rates and jails where 80 men squeeze into a cell built for 20.  Transformation this profound would be a difficult message to sell on the campaign trail, but anything less than that sort of social and cultural change from the government and the public will fall short of fixing the deeply rooted problems with Brazil’s prison system.

January 27, 2017

*Andrew Johnson is a Research Associate with the Center for Religion and Civic Culture’s Religious Competition and Creative Innovation (RCCI) initiative at the University of Southern California.

Brazil: Jailing the Youth

By Paula Orlando*

Brazilian Penitentiary System.  Photo Credit: Marcelo Freixo / Flickr / Creative Commons

Brazilian Penitentiary System. Photo Credit: Marcelo Freixo / Flickr / Creative Commons

A push for legislation to lower the age of criminal responsibility to 16 years could worsen court backlogs and overcrowding in Brazil’s notorious prisons.  According to the International Center for Prison Studies (ICPS), the country’s jails now hold the fourth largest prison population in the world, behind the United States, China, and Russia.  The Brazilian inmate population has doubled in the past ten years – from 296,919 people in 2005 to over 615,000 now – boosted by arrests of young and black people.  The Map of Incarceration, a study released this month by researchers at the Federal University of Sao Carlos (UFSCAR), shows that prisoners are increasingly between the ages of 18 and 29 (54.8 percent) and black (60.85 percent), with a growing presence of females (from 4.35 percent in 2005 to 6.17 percent in 2012).  The study also notes that the main reasons for arrest are crimes against property and “involvement in drug trafficking.”  Further, on average 38 percent – or four in every ten inmates – are awaiting trial.  According to a report by the OAS’s Inter-American Commission on Human Rights, the wait times may vary from months to years – sometimes longer than the actual sentence for the crime committed.  Of the total jail population, over 18 percent would be eligible for alternative sentences, but they either haven’t gone to trial yet or the judges have opted for heavier sentences.

A group of hardline conservative legislators – the “bullet caucus” – is pushing aggressively for a law that would lower the age of criminal responsibility from 18 to 16 and consequently place more youth in the already overcrowded adult jails.  Currently, the Child and Adolescent Statute (ECA) establishes that those between 12 and 17 years of age who committed a crime should be sent to juvenile centers, and for a maximum of three years.  The proposal to lower the age has received overwhelming popular support. This support is generally based on the perception that minors commit more violent crimes because they are not currently accountable as adults – and that harsher sentences would deter them.  However, official data shows that, among those in the juvenile system, only 9 percent committed violent crimes.  On the other hand, homicide is the leading cause of death of young people between the ages of 15 and 29.  Out of the 56,000 yearly homicides, 30,000 victims are young.  By crossing data from the Ministry of Justice and the 2014 Map of Violence, the report also debunks the popular perception that more arrests lead to safer cities.  On the contrary, just as incarceration grows, homicide rates have also steadily risen in the country.  According to press reports and other observers, there’s a good chance the legislation will move forward in the next few weeks.

Since the bill amends the Brazilian Constitution, it must pass both the Chamber of Deputies and the Senate with at least two-thirds of the votes.  In addition to increasing youth incarcerations, if passed, the initiative will undermine the 1990 Child and Adolescent Statute, considered a landmark by children’s rights advocates.  It will further remove the state from its responsibility for the protection and education of the youth, essentially eliminating any chance of youths’ rehabilitation while broadening the “school-to-prison pipeline” that envelopes many.   Moreover, passage of this reform, under the banner of law and order, will strengthen the ultra-conservative sectors – including some religious leaders and representatives of agribusiness – who already dominate the Brazilian Congress in an open crusade against social welfare policies and minority rights. 

 June 29, 2015

*Paula Orlando is a CLALS fellow and a PhD candidate at the School of Communication at American University.

Prison Reform in Latin America: Lessons from Costa Rica

By Geoff Thale and Adriana Beltran*

Steven and Darusha / Flickr / Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

Steven and Darusha / Flickr / Creative Commons Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

Prison overcrowding is a widespread problem in Latin America, primarily because of harsh drug-sentencing laws and inadequate budgets, but Costa Rica may be setting a useful example for dealing with it.  In most countries, guards control the perimeter, but groups of prisoners or criminal gangs organize and control life inside the prison compound.  Rehabilitation and re-integration programs are limited.  Not surprisingly, there is little political leadership for prison reform; the issue wins few points with the general public.  Even dramatic events – like prison riots in Venezuela or prison fires in which hundreds of young men die as in Honduras – don’t generate interest in prison reform.  A key component of the criminal justice system – as a deterrent, a punishment, and as a provider of rehabilitation and reintegration services that will reduce recidivism – the prisons are often neglected.

While Costa Rica faces growing drug-related problems, a multi-country analysis by the Washington Office on Latin America of persistent criminal justice and prison problems in Latin America – aimed at identifying strategic solutions – indicates that the country stands out as having undertaken at least modest reforms of its prisons to prevent them from becoming the breeding grounds for increasingly hardened criminals and gangs.  Prison conditions in Costa Rica have not been among the worst in Latin America, although the U.S. State Department said in its Human Rights Report for 2013 report that they were “harsh” and that “overcrowding, inadequate sanitation, difficulties obtaining medical care, and violence among prisoners remained serious problems.”  Until very recently, when new drug sentencing laws and tough anti-crime measures pushed the prison population up, the system generally did not exceed capacity.  Even today, the system is at 140 percent of capacity – far less than the 200-300 percent seen in other countries.  Prison conditions also seem less abusive than those seen in other countries.  An external oversight body was created to protect the rights of prisoners.  Moreover, the government, with support from the Inter-American Development Bank (IDB), is reaching out to local businesses to support vocational training programs for inmates.

This process has been driven by reformers inside the government and prison system, in contrast to most reforms elsewhere in the hemisphere driven by international donors.  This is a rare example of how reformers inside and outside the system worked to achieve institutional changes that increase citizen security while respecting human rights.  In this case, long-standing mid-level and senior staff of the penitentiary system, with the support of successive Ministers of Justice appointed by President Laura Chinchilla, played a key role in resisting pressures from legislators who want to toughen sentencing, which would increase prison populations.  They have advocated measures to ease overcrowding and ensure proportionality in sentencing.  At the same time, they have also used the IDB loan to both defend and expand the rehabilitation and re-insertion programs in the prison system.  Every country’s situation is unique, and Costa Rica has advantages — a relatively low crime rate, a relatively strong state structure, a relatively well-established respect for the rule of law – that others lack, but San José has shown that reform in this difficult, politically sensitive area is possible.

*Geoff Thale and Adriana Beltran, of the Washington Office on Latin America (WOLA), recently led a small delegation to visit Costa Rican prisons.