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On July 30, inmates killed nearly sixty fellow prisoners during a between rival gangs in Altamira prison in the northern state of Par谩, an event that recalled the deaths of fifty-five inmates from in Amazonas state in May. Just two years earlier, in 2017, more than 120 inmates died over two days of fighting among rival gang members at prisons across Brazil鈥檚 northern states.

Outbreaks of deadly violence are not uncommon in Brazil鈥檚 prisons, which have struggled to accommodate the country鈥檚 steadily increasing prison population. In fact, the homicide rate for inmates is than the already-high national average. Yet voters and politicians have tended to view violence within prisons as separate from the public security crisis nationwide. When President Jair Bolsonaro and his Justice and Public Security Minister, Sergio Moro, promised voters that they would be tough on crime, much of their rhetoric focused on harsher penalties and jailing more criminals, rather than true penal system reform. However, the prevailing policy of mass incarceration may only exacerbate the existing violence and poor conditions that plague Brazil鈥檚 penitentiary system, while doing little to improve public security nationwide. Years of research and experience suggest policies targeting the inflow of inmates and recidivism鈥攖he likelihood of a convicted criminal to reoffend鈥攁re far more effective at reducing overall crime rates.

What Does Brazil鈥檚 Penitentiary System Look Like?

With over , Brazil registers the world鈥檚 third largest prison population, behind China (1.6 million) and the United States (2.1 million). Between 2000 and 2015, the United States鈥� prison population increased by 14 percent, while Brazil鈥檚 . Although the United States still incarcerates a larger percentage of its population than any other country in the world, incarceration trends are : the country鈥檚 incarceration rate (which takes into account population change) peaked at 1,000 inmates per 100,000 adults during 2006 and 2008 and has declined every year thereafter. Experts attribute this to a decreasing crime rate and changes in prosecution and sentencing patterns. In contrast, Brazil鈥檚 trend shows that the incarceration rate is still increasing. According to Brazil鈥檚 Ministry of Public Security,[1] the country鈥檚 prison population will in 2021, and reach 1.5 million by 2025. Yet, Brazil has just half of the cell space needed to accommodate its inmates today.

The challenges associated with mass incarceration, however, are not evenly prisons. In terms of capacity, federal prisons are only at 52.5 percent capacity, while state prisons are, on average, at 197.4 percent capacity. Northern states, where violent outbreaks have been frequent, are the most crowded鈥擜mazonas is at 483.9 percent capacity, the highest out of any other state. Federal prisons also spend more, on average, per prisoner. The Ministry of Public Security estimates the cost per prisoner in federal penitentiaries to be R$4,800 (or $1,265), and just R$1,800 (or $474) in state facilities. Conditions in federal prisons are thus better rated and they are generally considered more effective in combatting organized crime. However, there are only five federal prisons in Brazil, accounting for a mere 0.1 percent of Brazil鈥檚 incarcerated population.

Like in the United States, the majority of incarcerated individuals in Brazil are young males, aged 18 to 29, black or pardo, with minimal or no schooling鈥�89 percent . It is important to note, however, that of Brazil鈥檚 rising prison population: from 2005 to 2014, the rate of women鈥檚 incarceration alone increased 10.7 percent annually. The majority of incarcerated individuals, both men and women, were arrested for theft or drug trafficking, while homicide accounts for less than one-fifth of total detainees.

Moreover, almost 40 percent of prisoners in Brazil are pre-trial detainees who have yet to be sentenced, the result of a chronically understaffed public defender system in Brazil and the disinclination of judges to apply alternative sentencing statutes for non-violent crimes, despite the existence of such laws (for example, the ). And in northeastern states like Amazonas, the is above 70 percent. As a result, 鈥渕any people awaiting trial are routinely held with convicted prisoners, in violation of international standards and Brazilian law,鈥� reports .

The country鈥檚 overcrowded, underfunded, and understaffed penitentiary system leaves prison authorities inadequately trained and inmates vulnerable to abuse and recruitment by criminal organizations. There are at least operating in prisons in Brazil. Two of the are the Rio-based Comando Vermelho (Red Command) and the Primeiro Comando da Capital (First Capital Command) from S茫o Paulo, which operates in all 27 states. In several of Brazil鈥檚 prisons, outnumbered guards exert nominal control while gangs run criminal activities from within. The overcrowded and understaffed nature of the prisons makes it difficult to separate faction leaders and competing gangs and to stop the infiltration of small weapons and cellphones. Moreover, prisons become a , as incoming inmates are forced to affiliate in return for their protection. Thus, mass incarceration not only contributes to recurring prison riots and gang-on-gang violence, but ultimately helps strengthen Brazil鈥檚 organized crime groups.

Challenges to Reform Under Bolsonaro鈥檚 鈥楾ough-on-Crime鈥� Stance

鈥溍� preciso prender e deixar preso鈥� (You have to arrest them and keep them locked up), said President Jair Bolsonaro during his campaign; rhetoric that certainly resonated with Brazilians鈥� perception and fear of widespread violence. When it comes to prisons, , explains Robert Muggah, research director and co-founder of the Igarap茅 Institute: 鈥淢any Brazilians are numb to violence, especially when it occurs in prisons.鈥� Inmates and criminals are dehumanized and popularly considered 鈥渂etter off dead.鈥� The saying 鈥�Bandido bom 茅 bandido morto鈥� (A good criminal is a dead criminal) is a common one. This ambivalence leads to popular support for mass incarceration.

Bolsonaro campaigned on a prison reform to reduce the minimum age of criminal responsibility to 16 or 17 years old, deny suspects the right to bail hearings before a judge, and eliminate jail sentence reductions and temporary release. In February, Justice and Public Security Minister Sergio Moro announced his , which includes proposals to toughen prison sentences and isolate faction leaders in maximum security prisons, though how this proposal will fare in Congress is unknown. Recently, Speaker of the House Rodrigo Maia said the proposal attempts to address several issues, , 鈥淚t needed to be a stronger project. A general reform of the prison system...Moro鈥檚 project is one that covers several areas and mixes white collar crime with organized crime.鈥�

Fabiano Bordignon, who heads the National Penitentiary Department (Departamento Penitenci谩rio Nacional, or DEPEN), stated that although Brazil鈥檚 public security solution depends on several things, 鈥渙ne of those things is the prison system,鈥� explaining that the country鈥檚 1,500 prisons need an additional 350,000 vacancies to house detainees. Bordignon plans to use a R$1.5 billion ($399 million) federal prison fund to help state governments , which would reduce the deficit to 140,000 by the end of Bolsonaro鈥檚 term in 2022. Moreover, the government plans to limit cellphone infiltration, improve the recruitment process for guards, launch an evaluation system to help focus government resources on the worst performing prisons, and dispatch federal police forces to support state prisons when necessary.

While expanding capacity in existing prisons addresses the problem of overcrowding, security experts recommend and towards a policy that targets the numbers going into prison instead. For example, by enforcing alternative sentencing statutes, the government could significantly decrease the number of pre-trial detainees. Judges continue to impose pre-trial detention in more than , despite the other , including applying bail, electronic monitoring, nighttime house arrest, travel bans, or the suspension of economic and public activity.

Reforming drug laws to allow for more proportional sentencing is also likely to lower the incarceration rate, given that 28 percent of inmates are and a majority of pre-trial detainees are also being held on drug trafficking charges. Despite some positive changes that came with Brazil鈥檚 , the number of people incarcerated for drug trafficking from 2007 to 2012. On the one hand, the law decriminalized drug use, eliminating prison sentences for users and permitting alternate sentencing for repeat offenders. On the other hand, the law , allowing judges to exercise discretion to determine whether a suspect is a consumer or a dealer. In practice, this has led to the conviction of many users (including first-time offenders caught with small amounts of drugs) as dealers. Furthermore, in its treatment of drug trafficking, the law is more rigorous and raises the minimum prison sentence from three to five years.

Rehabilitation and recidivism are equally important factors for stemming the flow of inmates. A 2015 showed that 24 percent of former prisoners were convicted of another crime within a year of their release. Many inmates who join gangs in prison in exchange for protection , causing them to re-engage in drug trafficking and other criminal activities. And few inmates leave prison with educational or work experience that would improve their qualifications for hire; on average, only 12 percent of prisoners in Brazil and 15 percent work.

Nevertheless, there are a few prisons in Brazil that are serving as . One prison in Paran谩 state, the result of a partnership between the state government and the state court, functions as a semi-open regime, where all inmates are required to study and work. The result is zero recidivism. Another rehabilitation method already implemented in eight states is called (Associa莽茫o de Prote莽茫o e Assist锚ncia aos Condenados): incarceration centers run by civil society, where prisoners are responsible for studying, working, cleaning and even their own security, as APACs do not have weapons or guards. According to Brazil鈥檚 National Justice Council (CNJ), the recidivism rate of these units is around 10 percent.

On the prevention side, special attention should be given to at-risk youth, who are more likely to join organized crime groups, especially in a scenario of high unemployment, which young, black or pardo Brazilians who are less skilled and less educated. A released by the civil society group Observat贸rio de Favelas found that most vulnerable youth in Rio de Janeiro join drug trafficking between the ages of 13 and 15, and cite their main motivation as financial, followed by group belonging and the adrenaline-charged lifestyle. The study also found that most adolescents drop out of school once they begin drug trafficking, which points to the important role public schools could play in prevention. Student retention, vocational training, and public policies aimed at income and work generation are likely to positively affect public security outcomes.

Privatization and a Comprehensive Strategy for Public Security

Until incarceration rates are addressed, prison overcrowding and violence are likely to remain high in Brazil. Overwhelmed Brazilian states are increasingly turning to privatization as a , living conditions, and employment opportunities. As of June 2019, there are in Brazil. In exploring the prospects of privatization, the United States and other countries that have widely adopted this approach can serve as references for what works and what doesn鈥檛. In the United States example, as Brennan Center for Justice Senior Fellow Lauren-Brooke Eisen found, 鈥減rivate prisons have turned out to be ,鈥� while Australia and New Zealand鈥檚 model of performance-based contracts are proving more successful.

Whether the current administration in Brazil will be successful in curbing crime and decreasing the country鈥檚 incarceration rate remains uncertain, but a comprehensive strategy that addresses the penal system will be critical to lasting improvement in public security.  

[1] Under the Bolsonaro administration, the Ministry of Public Security merged with the Ministry of Justice. The Justice and Public Security Ministry oversees law and order, judicial policy and public security, and ensures political and constitutional rights are guaranteed.

Image by Marcello Casal Jr. via Ag锚ncia Brasil