The prison system in Brazil has earned a reputation for being medieval due to serious overcrowding, violence, and the lack of legal assistance provided to prisoners. Justice Minister José Eduardo Cardozo made international headlines when he stated that he would “rather die” than spend time in a Brazilian jail.
Recently there have been efforts to overhaul the prison system. Reforms include building new prisons and privatization. Hopes are high that the condition for convicts will improve. The following is an overview of Brazil’s prison system.
Brazil’s Prison Progression System
The prison system in Brazil is described as a progression system, differentiated disciplinary regime, or “regime disciplinar diferenciado”. The regimes include closed, semi-open, and open. After serving a prescribed amount of time in one regime, prisoners qualify to be transferred to a less restrictive regime and ultimately released entirely.
It is the judge that decides which regime a convicted prisoner will enter to serve their sentence. The decision is based primarily on the length of the total sentence. Prisoners serving a sentence of more than 8 years will begin their sentence in a closed regime. Prisoners with a sentence between 4 and 8 years will begin their sentence in a semi-open regime. Prisoners with a sentence of less than 4 years will begin their sentence in an open regime.
Of course, the judge has a range of flexibility in assigning prisoners to regimes. Typically, when this flexibility is exercised, prisoners are assigned to a more strict and confining regime.
The Closed Prison Regime
Prisoners assigned to the closed prison regime begin their sentence in the penitentiary. They are confined within the prison at all times.
The Semi-Open Prison Regime
In the semi-open prison regime, prisoners are allowed to work outside the prison during the day, but they must return to the prison each night. Essentially, it is a half-way house without fences or guards to prevent escape.
Prisoners can also apply to spend additional time outside the prison on special occasions and holidays. Proponents of the semi-open system, which combines incarceration with work programs, say that the costs are lower and chances of prisoner rehabilitation are better.
The Open Prison Regime
In the open prison regime, prisoners serve their sentence outside of the prison and have few restrictions on where they live and work. They must, however, cooperate with judicial controls that include making periodic court appearances to report on their activities and not leaving their city of residence without the permission of a judge.