Data

General Issues
Human Rights & Civil Rights
Law Enforcement, Criminal Justice & Corrections
Governance & Political Institutions
Location
Brasilia
Brazil
Scope of Influence
National
Links
http://www.cnj.jus.br/noticias/cnj/59530-i-encontro-nacional-dos-conselhos-da-comunidade-comeca-no-dia-6
Start Date
End Date
Ongoing
No
Time Limited or Repeated?
A single, defined period of time
Facilitators
Yes
Face-to-Face, Online, or Both
Face-to-Face
Decision Methods
General Agreement/Consensus
Voting
If Voting
Plurality
Communication of Insights & Outcomes
Public Report

CASE

Brazil's Prison System: The First National Meeting of Community Councils (2012)

August 26, 2018 Scott Fletcher Bowlsby
November 19, 2017 Luisa de Pinho Valle
June 6, 2017 Luisa de Pinho Valle
General Issues
Human Rights & Civil Rights
Law Enforcement, Criminal Justice & Corrections
Governance & Political Institutions
Location
Brasilia
Brazil
Scope of Influence
National
Links
http://www.cnj.jus.br/noticias/cnj/59530-i-encontro-nacional-dos-conselhos-da-comunidade-comeca-no-dia-6
Start Date
End Date
Ongoing
No
Time Limited or Repeated?
A single, defined period of time
Facilitators
Yes
Face-to-Face, Online, or Both
Face-to-Face
Decision Methods
General Agreement/Consensus
Voting
If Voting
Plurality
Communication of Insights & Outcomes
Public Report

The First National Meeting of Community Councils sought to advance the perspectives of the Councils, promote national articulation on common guidelines for control and social participation in criminal execution and expand the counselors' view on public policies.

Problems and Purpose

The 1st National Meeting of the Councils of the Community was the consolidation of the proposal for the qualification and articulation of the Councils of the community of Brazil and continues the holding of the Regional Meetings that took place in the years 2007 and 2008. Its objectives were:

  • Advance in the maturation of the identities, actions and perspectives of the Community Councils;
  • Promote national articulation on common guidelines in the direction of control and social participation in criminal execution;
  • To broaden the vision and qualification of the counselors on public policies.

The central idea pursued for the 1st National Meeting of the Councils of the Community was to promote national articulation on common guidelines in the direction of control and social participation in criminal execution and to broaden the vision and qualification of the counselors on public policies. From the experiences and reports formalized with the Ministry of Justice, (National Penitentiary Department - DEPEN), in each Regional Meeting it was found the need to hold a national meeting, so that the institutions that make up the State's repressive apparatus would dialogue with the representatives of the Councils of the Community, in order to deliberate together the most urgent agendas for the national prison system.

The I National Meeting of Community Councils sought to advance in the consolidation of the identities, actions and perspectives of the Community Councils, to promote a national articulation on common guidelines in the direction of control and social participation in criminal execution and to broaden the vision and qualification of the councilors about public policies.

Background History and Context

The Brazilian penal system and the Community Council

The explanatory memorandum of the Law of Penal Execution, of July 11, 1984 - LEP (Law nº 7,210 / 84) predicted that “no program destined to face the problems related to the crime, the delinquent and the penalty would be completed without the indispensable and continuous community support ”. In this step, art. 4 of the LEP determined that: “The State must resort to the cooperation of the community in the activities of executing the penalty and the security measure.”

The LEP states that the following bodies are linked to criminal enforcement in Brazil and that the following bodies must act in a harmonious and integrated manner (art. 61): I - the National Council for Criminal and Penitentiary Policy - CNPCP; II - the Execution Court; III - the Public Ministry; IV - the Penitentiary Council; V - the Penitentiary Departments; VI - the Patronage; and VII - the Community Council.

In this way, since the reasons outlined in the original edition of the enforcement law, in 1984, (subsequently suffered some legislative changes) the Councils of the Community and their own composition (art. 80) were ensured as an organ linked to the system of = and Brazilian criminal execution.

In the aforementioned explanatory memorandum, the ordinary legislator clarifies that: “Beyond the passivity or the lack of reaction regarding the victims who died or traumatized, the community actively participates in the execution procedure, either through a council or through the legal or natural persons who assist or supervise not only criminal reactions in a closed environment (custodial sentences and detention security measure) but also in a free environment (fine and restrictive penalties). ”

The involvement of society in the activities of carrying out the sentence is justified by the very objective of the criminal executive process, namely: the social inclusion of the convict. In this way, according to the legal provision, it is up to the Public Power to turn to the community for cooperation in criminal enforcement activities, thus making community participation the full exercise of citizenship, in order to encourage the minimization of prejudice in relation to the prisoner and make it possible to include the convicted person in the community after the end of the sentence.

However, as Valois (2010) recalls, at the 1st National Meeting on Criminal Execution in 1998, the promotion, or even the will, for the creation of Community Councils was only a legal provision, very far from the practice of policies of criminal enforcement in Brazil. In the years following this Meeting, the Community Councils, timidly, began a new trajectory in the regions of Brazil, gaining greater effectiveness and social participation in 2004.

The social participation model established by the 1988 Brazilian Constitution

Since the 1988 edition of the Constitution of the Federative Republic of Brazil (CRFB / 88), Brazil has undergone a paradigm break regarding the authoritarian centralization of the State on the mechanisms and creation of public policies. The Federal Constitution of 1988 provided for the decentralization of the State in terms of social policies and, also, in terms of democratic management and social control, carried out through Conferences and Councils.

The public sphere, understood as an essentially political space, in which social subjects establish public dialogue for actions and deliberations on issues that concern common interests, implies: 1) social visibility - publicity and transparency ; 2) social control - participation of organized civil society; 3) representation of collective interests; and, 4) public culture - facing the appropriation of the public by the private.

With regard to the Councils of law, in view of the constitutional provision, the essential core of these lies in the formation of an organization designed to be held in a particular institution or public policy. Thus, they are characterized as a public measurement space between the State and civil society and fall under the category of instance of control and social participation within the process of democratization of the State; allowing, therefore, the exercise of the adversary.

It so happens that the CRFB / 88 created a certain mismatch with the norm regarding the Councils of the Community, foreseen in the Law of Penal Execution. This is because, the CRFB / 88 did not articulate the implementation and the legal changes necessary to make the dialogue or agendas between the National Council and the penitentiary councils feasible (government and non-State bodies); between the instances of these and the assistential and non-specific functions of the community councils; and also, the lack of clarity and limitations of the functions of the community councils, as well as their legal nature.

However, in 2004, through the National Penitentiary Department - DEPEN, of the Ministry of Justice, the National Support and Incentive Commission for Community Councils was created, formed by representatives from all Brazilian regions. This Commission, provisional and later definitive, subordinated to the Ombudsman-General of the National Penitentiary System, developed its work throughout the Brazilian territory until 2015. Currently, it remains legally instituted, however, without the necessary meetings since the beginning of the year. 2016.

With the creation of the National Commission for Support and Incentive to Community Councils, policies were created to encourage the creation of a greater number of Community Councils, with wide participation and performance throughout Brazil, and effective articulation for the realization of a national counselor training program; regional meetings; publication of the Councils Manual; construction of theoretical references and dissemination of the best practices experiences of the councils; prepare a proposal for a legislative change in the context of criminal enforcement; among others.

In the years following the creation of the National Commission for Support and Incentive to the Councils of the Community, much was developed and accomplished with the Councils of the Community in different regions of the country. Even the Regional Meetings became part of the DEPEN agenda and after the 2008 meetings, a national meeting was scheduled, culminating in 2012.

Based on the work carried out by the National Support and Incentive Commission for Community Councils, the principles and functions of Community Councils to be pursued throughout Brazil were also outlined.

Principles that guide the work of the Community Councils

i. Respect for human rights:

  • Building a culture of respect for rights;
  • Application of national and international standards.

ii. Democracy:

  • Equal possibility of access to socially produced goods;
  • Right to access to Justice;
  • Democratization of public institutions.

iii. Social participation:

  • Understanding the prison as an integral part of society and the community;
  • Understanding of the prison as a public institution and, therefore, permeable to the control of society.

Functions of Community Councils

i. Inspection:

  • Fulfillment of rights;
  • Application of funds:
  • Role of the different public institutions involved in criminal enforcement.

ii. Community representation / intermediation:

  • Request for resources;
  • Representation in forums and local and regional organizations;
  • Elaboration / proposal of integrated policies to assist prisoners.

iii. Educational (right to have rights):

  • Participation / dissemination in the media;
  • Participation in forums, local and regional seminars;
  • Participation in the training of professionals in the practice areas of interest to the prison system;

iv. Advisory

  • Preparation of opinions on the application of funds;
  • Preparation of opinions on the general situation of the prison and prisoners;
  • Proposition of measures to be taken by public agencies.

v. Assistance:

  • Assistance to families, prisoners and ex-offenders in emergency situations.

I saw. Material aid for the prison:

  • Acquisition of equipment;
  • Participation in reforms.

Organizing, Supporting, and Funding Entities

The I National Meeting of the Councils of the Community was the result of a partnership between the Ministry of Justice and the Ministry of Health and the National Council of Justice and the support of the Human Rights Secretariat of the Presidency of the Republic, the National Secretariat for Social Articulation of the Presidency of the Republic and the Prison Pastoral.

Participant Recruitment and Selection

Representatives of Community Councils from all units of the federation and the Federal District; representatives of associations of family members and friends of people; state prison boards; professional advice; committees to combat torture; of state ombudsmen in the prison system; NGOs and social movements; graduates; professionals of the Justice System; of health; Education and Social Assistance, among other areas; researchers; authorities and people in the community.

Methods and Tools Used

The participants of the Meeting held Working Groups - divided into 8 (eight) different discussion topics, aiming at: 1) the exchange of experiences in the different realities of the Community Councils in the regions of Brazil; 2) to deepen the discussions on the specific theme of its working group and to make proposals on it in order to better understand the theme and the policy involved, as well as to identify the role of the Community Council on the theme of analysis. For each Working Group, it was advised to choose up to 5 (five) proposals discussed to be included in the final Letter drawn up collectively. The themes of each Working Group were divided into: 1) Combating Torture; 2) Health and Social Assistance Policy in the Prison System; 3) Access to Justice; 4) Respect for Diversity in the Criminal Execution Environment; 5) Participatory Processes in Penal Execution; 6) Assistance to Egress and Family; 7) Penal alternatives; and, 8) Education and Work Policies in the Prison System. The good practices of experiences shared by representatives of Community Councils from all regions of Brazil were highlighted, enabling the exchange of works and successes between the different realities and partnerships.

Deliberation, Decisions, and Public Interaction

Summary of the work carried out at the 1st National Meeting of the Councils of the Community, in Brasília - DF, on December 6 and 7, 2012. Objectives established:

  1. Advance in the maturation of the identities, actions and perspectives of the Community Councils;
  2. Promote national articulation on common guidelines in the direction of control and social participation in criminal execution;
  3. To broaden the vision and qualification of the counselors on public policies.

The National Meeting resulted from the demands identified in the Regional Meetings of the Community Councils from all regions of Brazil (2007-2008) and from the partnerships established between the Ministry of Justice with the Ministry of Health and the National Council of Justice; in addition to the support of the Human Rights Secretariat of the Presidency of the Republic, the National Secretariat for Social Articulation of the Presidency of the Republic and the Prison Ministry.

The participants, representatives of the Councils of the Community, presented to the authorities and the Brazilian society present at the Meeting 36 (thirty-six) proposals resulting from the analysis of the needs of the prison system and the Councils of Community in Brazil. Such work was organized in the document Carta de Brasília.

At the Plenary, 10 (ten) motions were passed forwarded to the Brazilian authorities and to society in general, plus 10 (ten) repudiations, also deliberated by the Plenary on grounds of non-compliance with human rights rules, access to justice, as well as the breach of procedural principles in which they protect, protect and guarantee human life elementary conditions of dignity for prisoners outside and inside Brazilian prison institutions.

Influence, Outcomes, and Effects

  • Preparation and referral to Authorities linked to the Brazilian penitentiary system and to the entire society of the Brasilia Charter.
  • Two Ordinances of the Director-General of DEPEN were drafted that determined the installation and appointment of the Commission to Promote Participation and Social Control in Criminal Execution, in response to the proposals prepared in the Brasilia Charter.
  • Recommendations to the Ministry of Justice:
“To continue the policy of articulating, training and equipping the Community Councils in order to build the Network for Participation and Social Control in Criminal Execution; Hold a specific debate on the legislative change regarding the Councils of the Community, with representation from all States; Hold new Regional Meetings of Community Councils; Hold the 2nd National Meeting of the Councils of the Community, and the Court of Justice of Espírito Santo and the Council of the Community of São Mateus made themselves available to contribute. ”

See Also

Public Policy Council (method)

References

BRAZIL, Ministry of Justice. Community Councils. 2nd ed. Brasília-DF: National Penitentiary Department-DEPEN, 2008.

BRAZIL, Ministry of Justice. Letter from the 1st National Meeting of Community Councils, 2012. Available at: http://carceraria.org.br/wp-content/uploads/2013/01/Relato-do-I-Encontro-Nacional-dos-Conselhos- da-Comunidade.pdf

BRAZIL, Ministry of Justice. Foundations and analyzes on the Community Councils. 1st ed. Brasília-DF: Ministry of Justice, DEPEN / OSPEN, 2010.

DAUFEMBACK, Valdirene. Community Councils and GDUCC: rediscovering the other of criminal execution. In: SÁ, Alvino Augusto de; BRAGA, Ana Gabriela Mendes; BRETAN, Maria Emília Accioli Nobre; CALDERONI, Vivian (Coords.). GDUCC - University-Prison-Community Dialogue Group: an experience of integration between society and prison. 1. ed. Brasília-DF: Ministry of Justice, 2013, p. 151-157.

FERREIRA, Jorge Chad. Community councils and social reintegration. Master's Dissertation in Criminal Law. Faculty of Law, University of São Paulo - USP, Brazil, 2015.

VALOIS, Luís Carlos. Prison, social participation and northern region. In: Brasília: Ministry of Justice. National Penitentiary Department. Ombudsman of the National Penitentiary Department. Foundations and analyzes on the Community Councils. Brasília-DF: DEPEN / OSPEN, 2010, p. 86-101.

External Links

Community Council - what is it? https://conselhodacomunidadecwb.com.br/ 2016/10/10 / community-council ...

Brazil's System of Local Government 264870810_Brazil's_System_of_Local_Government_Local_Finance_and_Intergovernmental_Relations

Notes

Lead image: National Council of Justice https://goo.gl/FCwwk6