Penitentiary Public Administration: a chronic scenario of inefficiency and illegalities in Brazil after the 1988 Constitution

Abstract

Supported by Luigi Ferrajoli's theory of constitutional guarantee, the article analyzes the scenario of administrative inefficiency in the Brazilian prison system, focusing on the data and numbers of the vacancy deficit and consequent prison overcrowding. Based on the dialogue with the teachings of Argemiro Cardoso Moreira Martins, it is argued that the prison public administration needs to become more democratic, to bring together popular and civil society participation in the administration of the prison system, as an alternative to achieve better quality results with the sector, identified as inefficient by the Federal Court of Accounts and as inhuman or degrading, depending on the classification of the Supreme Federal Court. Finally, it is necessary that state agents entrusted with the prison administration need to be held more strictly accountable to prevent the lack of political priority and administrative efficiency from continuing to allow the violation of the fundamental rights of the prisoner.