A privatização do sistema prisional no brasil: impactos na efetividade penal e na esfera administrativa

Abstract

This study analyzes the privatization of the Brazilian prison system, focusing on the Public-Private Partnership (PPP) model. The research begins with a historical contextualization of the evolution of the right to punish, from private vengeance to state centralization, and then addresses the current prison crisis, characterized by overcrowding, structural deficits, and recurring human rights violations. In this scenario, partial privatization emerges as a feasible alternative to promote greater administrative efficiency and penal effectiveness, especially regarding the guarantee of basic rights such as health, education, and work. Based on a deductive approach, using bibliographic and documentary research as well as a case study of the Ribeirão das Neves Prison Complex (MG), the study argues that PPPs, when subject to strict regulation and state oversight, may represent progress in prison management without undermining the essential core of the State’s punitive power. It concludes that privatization, far from commodifying punishment, constitutes a tool for administrative modernization and the realization of the constitutional principles of human dignity and efficiency. Keywords: Prison system. Privatization. Public-Private Partnership. Penal effectiveness. Fundamental rights. Administrative law.