DOI: 10.1590/1413-812320222712.13012022EN
Raquel Barbosa Miranda (https://orcid.org/0000-0002-7668-7633) 1
Alejandro Goldberg (https://orcid.org/0000-0002-6329-4865) 1
Ximena Pamela Diaz Bermudez (https://orcid.org/0000-0002-3771-7684) 1
1
Programa de PósGraduação em Saúde
Coletiva, Universidade
de Brasília. Campus
Universitário Darcy Ribeiro
s/n, Asa Norte. 70910900 Brasília DF Brasil.
raquelbmiranda@
outlook.com
Abstract With the increasing number of women deprived of liberty worldwide, implementing specific strategies that should be applied to
the support offered to these women are essential
social measures. This study aims to analyze the
supply of resources for the social reintegration of
former inmates of the Brazilian prison system
from a gender perspective. We propose to conduct a documentary analysis on governmental
and non-governmental strategies aimed at this
audience, with a gender perspective, through an
analytical matrix for the 2020-2021 period. The
results show several programs in the country
aimed at the social reintegration of former prisoners; however, few have a gender perspective.
The theme of social reintegration and the prison
system was identified in 84 news items on government agencies’ websites, 20 of which were federal
and 64 state, in 11 international organizations
operating in Brazil, and 12 NGOs. Only six had
a gender profile. The challenge for the Brazilian
penitentiary system is to introduce the citizenship
and human dignity approach in the prison system, including an approach to the gender issue.
Key words Prison System, Social reintegration,
Gender, Document analysis
ARTICLE
Social reintegration programs for former inmates in Brazil:
is there a gender perspective?
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Miranda RB et al.
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Introduction
From a collective health perspective and understanding that health is a condition of well-being,
the relationships between prison health policies
and those of social reintegration of the population deprived of liberty must be articulated.
Mainly because health is a human right and, as
such, belongs to everyone, without discrimination of race, gender, or social class, covering all
people, including the most vulnerable and highly
stigmatized populations such as people deprived
of liberty1. On the other hand, aligned with the
2030 Agenda, which adopts the “leaving no one
behind”2 principle, the population deprived of
liberty (PDL), which includes young people,
women, migrants, and other sectors that are allocated in these institutions, requires specific
health measures and systems to meet their needs
within prisons and monitor their health in the
social reintegration process. This situation implies knowing the risks of exposure to which they
are subjected and the different forms of violence
and injuries and promoting their adequate return
to society, besides coordinated actions between
government sectors and community groups to
support the resumption of new ways of life3.
Particular attention should be given to women deprived of their liberty when designing and
implementing penal reform programs, including advocacy efforts, policies, and programs to
reduce the social impact of women in prisons
and organize gender-specific custody measures,
review the prison system’s laws and policies,
strengthen prison management, and improve living conditions in prisons, considering the particularities of this population group4.
Foucault5 argues that detention is a priority
type of punishment that goes hand in hand with
the transformed strategies of the power to punish
that witnessed the transition from sovereign to
disciplinary societies. In opposition to the power
to punish – excessive, uncertain, and unequal –
available in the hands of the sovereign, the need
for a new economy of the power to punish became essential: to make it more regular, necessary, and universal6.
Prison, as a social space, has a field nature7
since it is a network of objective relationships in
which agents-stakeholders, incorporating their
positions (with their definitions and privileges),
relate to each other and establish social practices
where they can perform, but which are also limited by the same rules underpinning the concrete
field. Thus, the spaces-fields would be the institu-
tions that organize the action and the social practices of their members, per schemes of thinking,
feeling, and acting, some of which are specific to
each concrete space-field. In this sense, the social group we call prison or jail is an institution
where the specific schemes of perception, appreciation, and action are associated with the idea of
punishment, retention, and reintegration. Thus,
each prison forms a social field in which its individuals relate according to their positions and
establish practices guided by specific schemes of
thought, feeling, and action.
Related to the previous approach, the concept
of habitus, also proposed by Bourdieu in 19998,
allows for further considerations on how institutional schemes are incorporated by individuals
and control the social dynamics of a given field.
This concept is seen as a set of structures that
implies the internalization of the social aspect
while working as a generating and structuring
principle of cultural practices and representations. The habitus is internalized by individuals
through their common practices within a field,
introducing a social logic that allows us to understand the dynamics of social control and the
domination that some positions or classes exert
on others. In this sense, Bourdieu and Passeron9
argue that disciplinary knowledge and education
systems provide individuals with a program of
perception and thinking for action. While these
systems do not unidirectionally determine the
actions of individuals, they contribute to prioritizing their concerns. From this perspective,
prisons would be places to shape habitus, and the
individuals who become part of them internalize the thought/feeling/action schemes typical of
that space-field. In the case of prisons, and unlike
schools, this process has particularities because
its social structure is based on the (real and symbolic) violence inherent to the deprivation of liberty.
It is also essential to revive the social constructionism, and symbolic interactionism approaches in this work. The former adapts to
analyzing organizations as social constructions,
recognizing them as social environments in
which individuals act, interpret the rules, and
create others through which they regulate their
relationships and actions. Organizations encompass practices that, from the viewpoint of their
original conception or reason for being (reasons,
needs, projects, or objectives for which they
were created), have an underlying or informal
nature; and that they may, at some point, conflict with those. Regarding the second approach,
4601
sary for elaborating public policies aimed at this
group, they could be more robust and sufficient.
Besides the lack of collaboration between prison authorities and civil, social, and health services, discrimination and stigma hinder access
to employment and education due to criminal
history3,13. The Brazilian Penitentiary System, in
general, does not prioritize a policy with a gender
approach due to its various deficiencies, which
causes gaps in the social reintegration of women
deprived of their liberty. The gender approach is
vital so that the particularities of women can be
considered in the social reintegration measures
offered by governmental and non-governmental
institutions14-16.
Social reintegration is premised on guaranteeing the humanized passage of PDLs from the
correctional institution to society, considering
the issues of human rights, education, and health
to place individual offenders (and not the crime)
at center stage. Although the challenges in social
reintegration by former female inmates are similar to male’s, the intensity and multiplicity of their
needs after deprivation of liberty can be very different. Discrimination and stigma in society are
more frequent vis-à-vis to females due to social
stereotypes. These women may be rejected by
their families and, in some countries, lose their
parental rights3,17. Therefore, a gender approach
is essential in planning social reintegration.
Understanding the different experiences lived
in prisons by men and women requires a gender
perspective, a concept opposed to the biological
determinism of sexual differentiation and based
on social and relational aspects that transcend
the definitions of femininity and masculinity.
Gender is a social classification that overlaps with
the idea of sexed bodies since anatomical sex is
not a determining element of human behavior18.
The “Doing Gender”, theory proposed by West
and Zimmerman19, argues that gender is not simply what an individual is but something that an
individual does by interacting with others. It is
not an individual attribute but an individual performance and is a product of social interaction.
It involves complex, socially-oriented, perceptual, interactional, and micropolitical activities
that promote certain activities as expressions of
masculine and feminine “natures”19(p.126). It is
about the analysis of sexual differences concerning social relationships that are permeated by
power relations.
However, we note that gender alone is limited to represent the variable of social oppression
in this setting since criminal selectivity does not
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
Goffman10 referred to his study on institutional
organizations and subcultures in mental health
institutions. This author claims that we are governed by the situation in which we find ourselves;
it is not the self that expresses itself in a situation;
instead, it is the situation that makes the self a
specific role. This author approached institutions
as the total due to their totalizing tendency (as
is the case of prisons), which leads them to erect
an actual and symbolic barrier between the reality of this facility and that outside it, opposing
or hindering the interaction between the members of both parties (closure), creating an external and internal tension. This situation happens
through self-mortification, in which depression,
degradation, humiliation, and profanation of
the Self begin to break clear of the past. While
self-mortification develops, the inmates of total
institutions receive formal and informal instructions about the organizational parameters of the
establishment, to which they must adjust their
behavior because the institution strives for individual change of personality, and to achieve this,
it breaks the self-image. In this sense, we can see
how the institution prepares inmates to start living under “the house’s rules”11.
In turn, those living inside are locked and
stigmatized by the external society. Goffman12
argues that stigma is a bodily sign that acts as
an element of discredit, as it provides a social
identity that leads to a negative valuation. The
social environment creates categories of identity
to which different values are attributed to individuals. Stigma operates as a brand negatively
evaluated by the “normal”. The “normal” (as opposed to the “abnormal” or “pathological” such
as those hospitalized in psychiatric institutions)
is the concept that Goffman12 chooses to speak of
those people who, in a given context, do not have
any stigma. Stigma is relational, a social product,
and as such, it has been built throughout history. Starting from this benchmarking framework,
the methodological proposal of Anthropology
consists of an approach to organizations at the
local level to know their realities and dynamics
and, through analysis, link these realities to their
broader sociocultural contexts.
Following this logic, we can identify that
many of the hardships experienced by people deprived of liberty (PDL) during incarceration are
often perpetuated during social reintegration after serving a sentence. Thus, the resources and efforts directed towards social, psychological, and
health support must be available throughout the
process. However, although these tools are neces-
Miranda RB et al.
4602
similarly affect poor and rich white and black
women. However, poor and black females are
highly vulnerable, excluded, and stigmatized in
a patriarchal society. Thus, the sum of this set
of factors becomes apparent in the sociodemographic profile of the female prison population
on the rise, and the malicious link between poverty, race, and criminality is visible20,21. Barbosa
and Santos21 affirm that those in Brazilian prisons: “Are subordinate women, discriminated
against because of ethnicity, class, and gender
and despised by society. These women resist in a
society that ignores them, resulting in miserable
survivals [...] These women slide on the margins
of the social conjuncture, prisoners of their fate”.
The efforts to change this situation should be proportionate to its challenges.
Before power asymmetries, it is essential to
recognize that intersectionality, a concept created by Kimberlé Crenshaw in 1989, can clarify
the situation experienced by these people and
then help society to understand oppressive situations and try to repair the existing reality while
explaining how different social identities such as
categories of ethnicity, gender, class, and sexuality intersect and their oppressions are reproduced.
Moreover, they are directly linked to the criminal
sanctions applied to people18.
The Brazilian incarceration rate has grown
7% yearly in the last fifteen years, ten times faster than population growth, leading the country
to one of the highest incarceration rates in the
world22. Most of the PDLs in Brazil consist of
young males aged 18-29 of African descent. The
fastest-growing segment is that of women, and
42,355 females were incarcerated in 2016. Most
female inmates were young, aged 18-29 (50%),
and black (62%)23. Among other factors, the
growth of female PDLs in the country is related
to the drug law published in 2006. The legislation
has gaps, and judges often opt for imprisonment
even when this could be expendable. Penalty alternatives could be applied, avoiding overcrowding in prisons and the negative impact of these
institutions on the lives of the women who pass
through them24.
In this context, this study proposes a documentary analysis of governmental and non-governmental strategies and programs geared to
the social reintegration of former inmates of the
Brazilian prison system from a gender approach,
through an analytical matrix built from October
2020 to October 2021.
Methods
This is a comprehensive qualitative study on the
experiences and meanings of the reintegration of
the prison population. A thematic documentary
analysis of governmental and non-governmental
strategies was performed, focusing on social reintegration strategies and programs for PDLs in the
Brazilian prison system from a gender approach.
This process includes two complementary stages. The first stage is descriptive and identifies the
technical, political, and cultural context of the
document’s elaboration and its respective codification. The second stage aims to understand the
document; in other words, the authors’/producers’ interpretation of the text and the meanings
identified by the researchers about the text. This
second stage allows the researcher to make inferences, connections, and comparisons between
documents to construct new evidence.
The evaluation of the strategies focused on
the programmatic ideas with the scope of action
(work/employment, family, gender, general and
mental health, work seniority, expected results,
and results achieved so far).
We searched for information available on the
webpages of the National Council of Justice, Public Prosecutor’s Office, Justice Secretariats, State
Courts of Justice, and non-governmental organizations and international organizations to collect
data. We retrieved data on the available actions,
their objectives, scope and implementation time,
and the expected and achieved results in the
2020-2021 period.
The works published on the websites were
read in full. The papers on the social reintegration of PDLs were categorized per the analysis
protocol used for data collection, considering the
title, publication date, editorial, and description
of the social reintegration strategies. The measures proposed by the institutions were analyzed
after identifying and selecting the materials that
address this topic. Data processing and analysis
were performed in Excel spreadsheets, and quantitative data were descriptively analyzed using the
Statistical Package for the Social Sciences (SPSS)
20.0 program.
The search was conducted concerning the
available actions, objectives, scope, implementation time, and expected and achieved results.
They were described in Charts, broken down by
organization.
This study used only unidentifiable publicly
available data. Thus, there was no need for ethical
approval.
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The theme of social reintegration and the prison system was identified in 84 news items on the
websites of the government agencies visited, 20
of which were federal and 64 state, in 11 international organizations operating in Brazil, and 12
NGOs. Since only six had a gender perspective,
the topic did not show high recurrence in the
search on the websites of the National Council of
Justice (CNJ), National Penitentiary Department
(DEPEN), Public Prosecutor’s Office, Public Defender’s Office, Justice Secretariats, State Courts
of Justice, and non-governmental organizations
(NGOs) and international organizations operating in Brazil.
The actions organized by federal agencies,
mainly CNJ and DEPEN, are offered to all states.
However, the implementation of actions occurs
differently, with some actions well advanced
in specific places and incipient or awaiting implementation in other states. The Social Office
and the Começar de Novo (Start Again) are two
important projects with great capillarity in the
country. Data from the federal sphere are described in Chart 1.
Chart 2 describes the news regarding the
strategies and programs proposed by the federative states, several related to federal programs.
We found no news of specific activities organized
by the states of Acre, Roraima, Rio Grande do
Norte, and Alagoas.
Data referring to the news found on NGO
websites are described in Chart 3. Several NGOs
work in the social reintegration of former inmates in Brazil.
Chart 4 describes the actions taken by international agencies. The UNFPA presented two
gender-focused programs.
Most news about social reintegration programs do not have a gender perspective, except for one by the CNJ, one by the state of Rio
Grande do Sul, one by an NGO, and two by UNFPA. Most actions concern supporting the return
to work activities, and some include training offered to former inmates to facilitate their return
to labor.
Discussion
The results show that several programs in the
country target the social reintegration of former
inmates of the prison system. However, few have
a gender perspective, which hinders subjects’
visibility in society. Changes are required in the
current management style, evaluation and classification of programs, access to health care, and
approach of women with children within the
prison system, which are essential to improve the
quality of life of these women and increase the
likelihood of adequate and sustainable social reintegration1,3.
The Brazilian prison system is a model whose
legislation is one of the most advanced in the
world because it has legal mechanisms that guarantee the resocialization of PDLs. However, the
implementation of the law in the country’s reality is still problematic due to the deterioration
caused by the lack of investments for the maintenance of prison services, generating overcrowding of the units and hampering resocialization
measures, particularly those administered by the
federative states. The challenge lies in rehabilitating individuals and reintegrating them into a society that hardly offers conditions to realize this
rehabilitation25, despite robust legislation. When
comparing the reality of people released from the
Brazilian prison system with the indications in
the text of the law, we can observe that the authorities and society, in general, have been negligent in developing policies and programs to facilitate PDLs’ return to their communities, avoiding
re-incarceration, reducing illicit drug abuse, and
becoming worthy and productive members of
their community26.
Two programs have been mentioned in several news items identified in this document analysis, covering the federal and state governments,
NGOs, and international organizations. The first
of these was the Social Office. The Social Offices
were proposed by the CNJ in 2016 and articulate the Judiciary and the Executive power to
offer specialized services based on the reception
of former inmates and their families, providing
them with support for the resumption of living in
freedom. Since 2019, the CNJ has been working
with the United Nations Development Program
(UNDP) and DEPEN to qualify and expand Social Offices across the country. The action is supported by Courts of Justice across the country,
which collaborates with local public authorities
and other relevant stakeholders mobilized in a
network27. Another CNJ program was Começar
de Novo (Start Again), which aims to raise awareness among public bodies and civil society so that
they can provide jobs and professional training
courses for prisoners and former inmates of the
penitentiary system. Both public and private
institutions28 offer employment opportunities.
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
Results
Miranda RB et al.
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Chart 1. Data referring to news found on Brazilian federal websites.
Institutional
Context/
stakeholders
Category
TJAM/CNJ
Employment
TJTO/CNJ
Socialization
TJPA and
SUSIPE/CNJ
Employment
TJMA/CNJ
Professional
training/
Education
Employment
Labor Justice
CE/CNJ
TJPE/CNJ
SEJUS-DF/
CNJ
Socialization
(professional,
housing,
documents,
health, and
procedural
monitoring)
Socialization
(Issuing
documents,
qualification
courses, and
procedural
monitoring)
TJRJ/CNJ/
Education,
PNUD
reducing
overcrowding
DEPEN/CNJ/ Strengthening
PNUD
the Management
of the Brazilian
Prison System
DEPEN/CNJ/ Socialization
PNUD
(Health,
education,
employment,
qualification, and
psychosocial care)
Event/experience and link
“Social reinsertion project in Amazonas has already served more than 4,000
former inmates” https://www.cnj.jus.br/projeto-de-reinsercao-social-noamazonas-ja-atendeu-mais-de-4-mil-ex-detentos/
“Social Office: one year of project implementation in Palmas and state should
receive two new units”
https://www.tjto.jus.br/index.php/noticias/8077-escritorio-social-um-ano-deimplantacao-do-projeto-em-palmas-e-estado-deve-receber-duas-novas-unidades
“TJPA and SUSIPE renew the Começar de Novo (Start Again)”
https://www.tjpa.jus.br/PortalExterno/imprensa/noticias/Informes/509729Reuniao-define-renovacao-do-projeto-Comecar-de-Novo.xhtml
“TJMA adopts public policies for the reintegration of prisoners into society”
https://www.cnj.jus.br/tjma-adota-politicas-publicas-para-reinsercao-de-presosa-sociedade/
“Ceará state Labor Justice strengthens the reintegration of prisoners and former
inmates”
https://www.cnj.jus.br/justica-do-trabalho-no-ceara-fortalece-reinsercao-depessoas-presas-e-egressas/
“Doing Justice: Caruaru District now has the Social Office project - Realizing
rights”
https://www.tjpe.jus.br/pt/noticias/-/asset_publisher/KJLrKuw940SO/content/
fazendo-justica-comarca-de-caruaru-passa-a-contar-com-projeto-escritoriosocial-concretizando-direitos?inheritRedirect=false&redirect=https%3A%
2F%2Fwww.tjpe.jus.br%2Fpt%2Fnoticias%3Fp_p_id%3D101_INSTANCE_
KJLrKuw940SO%26p_p_lifecycle%3D0%26p_p_state%3Dnormal%26p_p_
mode%3Dview%26p_p_col_id%3Dcolumn-2%26p_p_col_count%3D1
“SEJUS-GDF. SEJUS creates an office to promote social reintegration”
https://www.agenciabrasilia.df.gov.br/2021/04/23/sejus-cria-escritorio-parapromover-a-reinsercao-social/
“CNJ and UNDP advance in program aimed at overcoming crisis in the prison
system”
http://gmf.tjrj.jus.br/noticias/noticia/-/visualizar-conteudo/5265985/6140647
“National Care Policy for Former Inmates of the Prison System”
https://www.cnj.jus.br/wp-content/uploads/2020/09/Pol%C3%ADtica-Nacionalde-Aten%C3%A7%C3%A3o-%C3%A0s-Pessoas-Egressas-do-Sistema-Prisional_
eletronico.pdf
“Management and Operation Manual of Social Offices”
https://www.cnj.jus.br/wp-content/uploads/2020/09/mges_eletronico.pdf
it conitnues
Besides these programs, the CNJ produced two
booklets, the Pessoa Presa (The inmate) booklet, and the Mulher Presa (The female inmate)
booklet. The latter is aimed at women deprived
of liberty to clarify their rights and duties, with
information on constitutional guarantees and legal and administrative prerogatives29. Except for
the booklet, the CNJ programs do not specifically address the issue of the social reintegration of
women deprived of liberty.
4605
Institutional
Context/
stakeholders
Category
CNJ
Socialization
(Health,
qualification,
professional
referral, and
psychosocial care)
CNJ
CNJ
Senate
Senate
Senate
Senate
IPEA
Ministry
of Justice
and Public
Security
Event/experience and link
Social Office
“State opens the country’s first Social Office for former inmates of the prison
system”
https://www.es.gov.br/Not%C3%ADcia/estado-inaugura-1o-escritorio-social-dopais-para-egressos-do-sistema-prisional
“Citizenship in prisons: Paraná installs second Social Office in the country”
https://cnj.jusbrasil.com.br/noticias/469573018/cidadania-nos-presidios-paranainstala-2o-escritorio-social-do-pais
“Former inmates of the Amapá prison system are supported by the Social Office”
https://www.cnj.jus.br/pessoas-egressas-do-sistema-prisional-do-amapa-temapoio-do-escritorio-social/
“Começar de Novo. Art. 5, items I to XII, of Resolution No. 96, of October 27,
Socialization
(Employment and 2009, of the National Council of Justice, in particular with regard to the action
referred to in item IV of the aforementioned Resolution, attributed to the
mental health)
Internal Affairs Office. Among its main actions, the steps to sign the Technical
Cooperation Terms between the Court of Justice and the CNJ stand out”
https://www.cnj.jus.br/tag/comecar-de-novo/
Legal and health
“Imprisoned Woman’s Handbook”
information
https://www.cnj.jus.br/wp-content/uploads/2011/02/cartilha_da_mulher_presa_
final.pdf
“Project strengthens the resocialization of inmates to reduce recidivism”
Expanded State
https://www12.senado.leg.br/noticias/materias/2019/09/13/projeto-fortaleceassistance to
ressocializacao-de-presos-para-reduzir-reincidencia
former inmates
and improved the
prison system
Training,
“Project reduces sentence of inmates attending social reintegration course”
education, and
https://www12.senado.leg.br/noticias/materias/2020/10/07/projeto-reduz-penasentence reduction de-preso-que-frequentar-curso-para-reintegracao-social
Education
“Project includes study as a criterion for the progression of inmate regimen”
https://www12.senado.leg.br/noticias/materias/2021/03/27/projeto-inclui-estudocomo-criterio-para-progressao-de-regime-de-presos
Education
“Law that allows convicts to reduce their sentence for studying completes ten
years” https://www12.senado.leg.br/noticias/materias/2021/06/29/lei-quepermite-condenado-reduzir-pena-pelo-estudo-completa-dez-anos
“The challenge of the prisoner’s social reintegration: a survey in prison
establishments”
http://repositorio.ipea.gov.br/bitstream/11058/4375/1/td_2095.pdf
Employment
“Seal certifies companies that support work and resocialization of inmates”
https://www.justica.gov.br/news/selo-certificara-empresas-que-apoiam-trabalhoe-ressocializacao-de-presos-1
Source: Authors.
The lack of specific programs for women deprived of liberty and those released from the
prison system is problematic as the woman considered a criminal is seen as someone who has infringed the law on two levels. First, the legal law,
followed by the socially imposed law, which is the
role of women in the family order as passive be-
ings and less prone to violence. In this sense, when
a woman is labeled a criminal, she will be treated
much more rigorously than a male criminal. These
women are expected not to have financial or professional stability even before incarceration, as
most performed low-skilled occupations or were
unemployed. Research indicates that these women
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
Chart 1. Data referring to news found on Brazilian federal websites.
Miranda RB et al.
4606
have life histories marked by poverty, fragile family and affective ties, early loss of parents, low sociability rates, low access to education, and much
violence20,30,31. Four out of five women deprived of
their liberty (80%) are responsible for supporting
their families and taking care of their children,
and many children remain within the system with
their mothers22. Besides these situations of vulner-
Chart 2. Data referring to news found on Brazilian state websites.
Institutional
Context/
stakeholders
Category
TJAM
Education/
employment
TJAM/CNJ
SEAP/Pará
TJPA and
SUSIPE/CNJ
TJRO
TJRO
SEJUS/RO
TJAP
SCJTO
TJTO
TJMA/CNJ
IEMA and
SEAP
Event/experience and link
“Reeducar launches a booklet to guide people on provisional release
accompanied by the Project”
https://www.tjam.jus.br/index.php/menu/sala-de-imprensa/3093reeducar-lanca-cartilha-para-orientacao-de-pessoas-em-liberdadeprovisoria-acompanhadas-pelo-projeto
Employment
“Social reintegration project in Amazonas has already served more than
4,000 former inmates”
https://www.cnj.jus.br/projeto-de-reinsercao-social-no-amazonas-jaatendeu-mais-de-4-mil-ex-detentos/
Employment/
“Social projects”
Education
http://www.seap.pa.gov.br/content/projetos-sociais
“TJPA and SUSIPE renew the Começar de Novo (Start Again)”
https://www.tjpa.jus.br/PortalExterno/imprensa/noticias/
Informes/509729-Reuniao-define-renovacao-do-projeto-Comecar-deNovo.xhtml
Employment
“TJRO is the only public institution in the North Region to receive the
Resgata seal, for supporting the reintegration of inmates”
https://tjro.jus.br/noticias/item/12924-tjro-e-a-unica-instituicao-publicada-regiao-norte-a-receber-o-selo-resgata-por-apoiar-a-reinsercao-dereeducandos
Employment
“Work of inmates in Judiciary buildings is highlighted in recruitment
seminar”
https://www.tjro.jus.br/noticias/item/10103-trabalho-dos-reeducandosnos-predios-do-judiciario-e-destaque-em-seminario-de-contratacao
Employment
“The management of social reintegration – State Justice Secretariat/RO
and the promotion of the resocialization of inmates”
https://www.nucleodoconhecimento.com.br/lei/reinsercao-social
“Project for the social reintegration of the Justice of Amapá benefits
IAPEN inmates in the Municipality of Santana”
https://www.tjap.jus.br/portal/publicacoes/noticias/9291-projeto-dereinser%C3%A7%C3%A3o-social-da-justi%C3%A7a-do-amap%C3%A1beneficia-reeducandos-do-iapen-no-munic%C3%ADpio-de-santana.html
Employment
“Citizenship and Justice seeks the social reintegration of detainees”
https://www.to.gov.br/secom/cidadania-e-justica-busca-reinsercao-socialdos-detentos/6ah9gea4t81k
“Social Office: one year of project implementation in Palmas and state
Resocialization
(Health, education should receive two new units”
and employment) https://www.tjto.jus.br/index.php/noticias/8077-escritorio-social-umano-de-implantacao-do-projeto-em-palmas-e-estado-deve-receber-duasnovas-unidades
Employment
“TJMA adopts public policies for the reintegration of prisoners into
society”
https://www.cnj.jus.br/tjma-adota-politicas-publicas-para-reinsercao-depresos-a-sociedade/
Employment
“IEMA and SEAP sign an agreement to introduce people deprived of
liberty into the labor market”
https://www.ma.gov.br/agenciadenoticias/?tag=ressocializacao
it continues
4607
the specific health needs of women, including access to sexual and reproductive health, treatment
of infectious diseases, nutrition, and hygiene, are
neglected in the prison system4,32.
Chart 2. Data referring to news found on Brazilian state websites.
Institutional
Context/
stakeholders
Category
SEJUS - PI
Sentence
reduction measure
Employment
Education,
employment,
and sentence
reductions
TJPI
Employment
Event/experience and link
“Altos Public Prison uses inmate labor in renovations”
https://www.pi.gov.br/noticias/cadeia-publica-de-altos-utiliza-mao-deobra-de-presos-em-reformas/
“SEJUS reinforces job offer policy for prisoners and inmates of the
penitentiary system”
http://www.sejus.pi.gov.br/materia/noticias/sejus-reforca-politica-deoferta-de-trabalho-a-egressos-e-internos-do-sistema-penitenciario-20.html
“Entrepreneurs visit the social reintegration program of the Court of
Justice of Piauí”
https://www.tjpi.jus.br/portaltjpi/tjpi/noticias-tjpi/empresariosconhecem-programa-de-reinsercao-social-do-tribunal-de-justica-dopiaui/
“‘Justice in Prison’ grants benefits and contributes to the social
TJCE
Education,
reintegration of IPPOO I inmates”
employment,
https://www.tjce.jus.br/noticias/justica-no-carcere-concede-beneficios-eand sentence
contribui-para-a-reinsercao-social-de-apenados-do-ippoo-i/
reductions
Labor Justice Employment
“Ceará Labor Justice strengthens the reintegration of prisoners and former
CE/CNJ
inmates”
https://www.cnj.jus.br/justica-do-trabalho-no-ceara-fortalece-reinsercaode-pessoas-presas-e-egressas/
TJPB and
Health, education, “Cooperation Agreement between TJPB and the State Government
SEJUS PB
and legal advice
provides for multidisciplinary care for prisoners in custody”
https://www.unodc.org/lpo-brazil/pt/frontpage/2021/06/acordo-decooperacao-entre-tribunal-de-justica-e-governo-do-estado-preveatendimento-multidisciplinar-ao-preso-custodiado.html
“TJPB includes DPE in the Penalty Redemption Commission through
Reading”
https://www.defensoria.pb.def.br/noticias.php?idcat=1&id=1769
“Doing Justice: Caruaru District now has the Social Office project TJPE/CNJ
Professional
Realizing rights”
qualification,
https://www.tjpe.jus.br/pt/noticias/-/asset_publisher/KJLrKuw940SO/
housing,
content/fazendo-justica-comarca-de-caruaru-passa-a-contar-comdocuments,
projeto-escritorio-social-concretizando-direitos?inheritRedirect=false&
health, and
redirect=https%3A%2F%2Fwww.tjpe.jus.br%2Fpt%2Fnoticias%3Fp_p_
procedural
id%3D101_INSTANCE_KJLrKuw940SO%26p_p_lifecycle%3D0%26p_p_
monitoring
state%3Dnormal%26p_p_mode%3Dview%26p_p_col_id%3Dcolumn2%26p_p_col_count%3D1
“Socializing Actions - SEAP and SEC promote PRONATEC certification
SEAP and
Employment,
in Juazeiro”
SEC
education, and
http://www.seap.ba.gov.br/pt-br/projetosressocializadores
health
“Bahia joins the Fazer Justiça and the Public Defender’s Office program
DP-BA/TJBA/ Employment,
CNJ
education, health, honors the inauguration of the Social Office for those leaving the penal
system”
psychological
https://www.defensoria.ba.def.br/noticias/bahia-adere-ao-programaaid, and social
fazendo-justica-e-defensoria-prestigia-inauguracao-do-escritorio-socialassistance
para-egressos-do-sistema-penal/
it continues
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
ability, the Brazilian prison environment exposes
these women to more significant biological or
psychological risks, so PDLs throughout Brazil
require health care. It so happens that, in general,
Miranda RB et al.
4608
Chart 2. Data referring to news found on Brazilian state websites.
Institutional
Context/
stakeholders
Category
SEJUS-DF/
Resocialization
CNJ
(issuing
documents, legal
support, and
qualification)
FUNAP-DF
Employment
TJGO
Employment
State MP
Employment
SESP-MT
Socialization
TJMT
SED and
SEJUSP
Education
TJMS
SEJUS-ES
Employment
Training
TJES
Socialization
Training
Event/experience and link
“SEJUS-GDF. SEJUS creates an office to promote social reintegration”
https://www.agenciabrasilia.df.gov.br/2021/04/23/sejus-cria-escritoriopara-promover-a-reinsercao-social/
“Foundation for the support to incarcerated workers”
https://www.funap.df.gov.br/sobre-a-funap-df/
“Goiás inmates will have more job opportunities”
https://rota-juridica.jusbrasil.com.br/noticias/100247037/reeducandosde-goias-terao-mais-oportunidades-de-trabalho
“Project in Inhumas articulated by the Public Prosecutor’s Office will
enable prisoners to work for the municipality”
http://www.mpgo.mp.br/portal/noticia/projeto-em-inhumas-articuladopelo-mp-vai-viabilizar-trabalho-de-presos-para-o-municipio
“Program will expand the resocialization of inmates and include those
leaving the Penal System”
http://www.sesp.mt.gov.br/-/15902635-programa-vai-ampliarressocializacao-de-reeducandos-e-contemplar-egressos-do-sistema-penal
“Network of care to former inmates of the prison system will be a reality
in Mato Grosso”
http://www.tjmt.jus.br/noticias/59985#.YZrbkL3MK3U
“SED and SEJUSP sign State Education Plan to increase schooling among
prisoners”
https://www.sejusp.ms.gov.br/sed-e-sejusp-assinam-plano-estadualde-educacao-para-as-pessoas-privadas-de-liberdade-para-aumentarescolaridade-entre-presos/
“Prisoners begin renovation of the first Integrated Criminal Alternative
Center in MS”
https://www.tjms.jus.br/noticia/59920
“Open the doors of your company to the work of an inmate”
https://sejus.es.gov.br/abra-as-portas-da-sua-empresa-para-o-trabalhode-um-detento-2
“Education and Work”
https://sejus.es.gov.br/educacao-e-trabalho
“The process for hiring inmate labor in the state of Espírito Santo”
http://rbepdepen.depen.gov.br/index.php/RBEP/article/view/relatos
“Companies that contribute to the resocialization of detainees and former
inmates receive Social Seal”
https://sejus.es.gov.br/Not%C3%ADcia/empresas-que-contribuem-pararessocializacao-de-detentos-e-egressos-recebem-selo-social
“‘Running to win’ from Vila Velha’s criminal executions court completes
one year”
http://www.tjes.jus.br/correndo-para-vencer-da-vara-de-execucoespenais-de-vila-velha-completa-um-ano/
“State Judiciary participates in the delivery of 200 books and magazines to
Vila Velha prison unit”
http://www.tjes.jus.br/judiciario-estadual-participa-da-entrega-de-200livros-e-revistas-para-unidade-prisional-de-vila-velha/
“TJES judge participates in the opening of the first PRONATEC class for
the prison system”
http://www.tjes.jus.br/juiza-do-tjes-participa-de-evento-de-abertura-daprimeira-turma-pronatec-para-internos-do-sistema-prisional/
it continues
4609
Institutional
stakeholders
Context/
Category
Employment/
socialization
TJMG
Humanized
sentence
TJMG/SSPMG/IMPP
SEAP-SP
Education, work,
and training
Socialization
TJSP
Employment
SSP/DEPEN_
PR
Employment,
education, and
health
Employment,
education,
and sentence
reduction
Employment,
education, and
health.
DEPEN-PR
and OEA
SAP-SC
TJSC
Employment and
mental health.
SJSPS-RS
Employment,
training, and
gender
DP-RS
Resocialization
(issuing
documents)
Governo RS
MPRS
APAC
Employment,
training, and
humanization
Source: Authors.
Event/experience and link
“The Regresso Project offers work and social reintegration to former
inmates”
http://www.seguranca.mg.gov.br/ajuda/story/682-projeto-regressooferece-trabalho-e-reinsercao-social-para-ex-detentos
“TJMG regulates transfer of convicts to APACS”
https://tj-mg.jusbrasil.com.br/noticias/393273704/tjmg-regulamentatransferencia-de-sentenciados-para-as-apacs
“ProAPAC Program”
http://www.minaspelapaz.org.br/programas/programa-regresso/
“Pró-Egresso Programs”
http://www.reintegracaosocial.sp.gov.br/pro_egresso.php
“Community Councils create job opportunities for the social reintegration
of former inmates”
https://www.tjsp.jus.br/Noticias/Noticia?codigoNoticia=68502
“Maringá Social Complex will serve former inmates for social
reintegration”
https://www.aen.pr.gov.br/modules/noticias/article.php?storyid=110034
“Partnership between Paraná and OAS will expand the reintegration of
those serving sentences in the State”
http://www.depen.pr.gov.br/modules/noticias/article.php?storyid=232
“Santa Catarina model of prisoner resocialization ends the year as a
national reference”
https://www.sc.gov.br/noticias/temas/justica-e-defesa-da-cidadania/
modelo-de-ressocializacao-de-presos-catarinense-termina-o-ano-comoreferencia-nacional
“Labor exhibition gathers products developed in prisons in Santa Catarina
and throughout Brazil”
https://www.sap.sc.gov.br/?option=com_content&view=article&id=1058
:mostra-laboral-reune-produtos-desenvolvidos-em-unidades-prisionaiscatarinenses-e-de-todo-o-brasil&catid=19&Itemid=260
“Itajaí Penitentiary starts using technique with dogs in the resocialization
of prisoners”
https://www.tjsc.jus.br/web/imprensa/-/penitenciaria-de-itajai-passa-autilizar-tecnica-com-caes-na-ressocializacao-de-presos
“Recomeçar Project enables use of prison labor at SJSPS”
http://www.susepe.rs.gov.br/conteudo.php?cod_conteudo=5578&cod_
menu=4
“Inmates at the Porto Alegre Penitentiary produce thermal blankets for
homeless people”
http://www.susepe.rs.gov.br/conteudo.php?cod_conteudo=5680&cod_
menu=4
“Public Defender’s Office participates in the launch of a program for the
social reintegration of inmates at the Central Prison”
https://www.defensoria.rs.def.br/defensoria-publica-participa-delancamento-de-programa-de-reinsercao-social-dos-detentos-no-presidiocentral
“The first prison with humanized resocialization is inaugurated in RS”
https://estado.rs.gov.br/inaugurado-o-primeiro-presidio-comressocializacao-humanizada-do-rs
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
Chart 2. Data referring to news found on Brazilian state websites.
Miranda RB et al.
4610
Chart 3. Data referring to news found on non-governmental organization websites.
Institutional
Context/
Event/experience and link
stakeholders
Category
NGO Foundation Employment “Female inmates learn to make sofa covers”
and gender Held through a partnership between SEJUS, SEAPE and the private sector,
for Support to
the workshop will train women from the Women’s Penitentiary of the DF
the Imprisoned
https://www.agenciabrasilia.df.gov.br/2021/08/04/reeducandas-aprendem-aWorker (FUNAP)
fazer-capas-de-sofa/
NGO Foundation Employment “Freedom workers - Initiative encourages the resocialization of detainees in
the DF. Approximately 1,300 inmates voluntarily adhere to the Project”
for Support to
https://www.agenciabrasilia.df.gov.br/2019/04/15/operarios-da-liberdade/
the Imprisoned
Worker (FUNAP)
NGO
Employment “American NGO creates ‘Airbnb’ to help reintegrate former inmates”
https://www.efe.com/efe/brasil/varios/NGO-americana-cria-airbnb-paraajudar-na-reinser-o-de-ex-detentos/50000250-3903354
NGO
Employment “Liberty Project - Project for the social reintegration of inmates and former
inmates of the penitentiary system”
https://eudesquintino.jusbrasil.com.br/artigos/121823145/projeto-dereinsercao-social-de-detentos-e-egressos-do-sistema-penitenciario
NGO
Employment “Social Inclusion of Former Inmates in the Labor Market: Reflections on the
Esperança Viva Project”
http://www.anpad.org.br/admin/pdf/EnGPR212.pdf
NGO
Employment “Tem Quem Queira NGO, of Rio de Janeiro”
https://memoria.ebc.com.br/noticias/brasil/2013/01/NGO-empresa-rioemprega-mais-de-30-presos-e-ex-detentos-no-rio
NGO
Socialization “Fui Preso OSCIP”
https://www.fuipreso.com.br/
NGO - Amor
Socialization “Participation in AE meetings counts for sentence reduction, decides TJ-RS”
Exigente
https://amorexigente.org.br/participacao-em-reunioes-do-ae-conta-parareducao-de-pena-decide-tj-rs/
Training
“Entrepreneurship course for former detainees in Fortaleza (CE)”
NGO/
https://observatorio3setor.org.br/noticias/organizacoes-realizam-projeto-deGovernment
ressocializacao-de-ex-detentos/
- NGO Visão
Mundial, in
Partnership
with ENEL and
SEJUS-CE
NGO - CNSEG
Training and “Project addresses fashion and sustainability for women in prison”
gender
https://cnseg.org.br/noticias/projeto-aborda-moda-e-sustentabilidade-paramulheres-egressas-prisionais.html
NGO – Igarapé
Gender
“Support for women released from the prison system: diagnostic challenges
Institute
and analysis opportunities”
https://igarape.org.br/apoio-a-mulheres-egressas-do-sistema-prisionaldesafios-de-diagnostico-e-oportunidades-de-analises/
Private sector
Employment “Reintegration of former detainees: possibilities for Corporate Volunteering”
https://voluntariadoempresarial.com.br/reintegracao-de-ex-detentospossibilidades-para-voluntariado-empresarial/
Source: Authors.
Most prison activities are performed inadequately, without material resources, and in improvised spaces. Besides the substandard conditions offered to PDLs is the lack of working
conditions for technicians working in the pen-
itentiary system. The work of technicians, such
as social workers and psychologists, is almost always limited to responding to protocol demands
required by the Judiciary, hardly leaving time to
meet the inmates’ social and psychological de-
4611
Institutional
stakeholders
TJRJ/CNJ/
UNDP
Context/
Category
Education and
training
DEPEN-PR
and OAS
Employment,
education, and
training
CNJ/DEPEN/
UNDP
Training
NGO/
Government
- NGO Visão
Mundial, in
Partnership
with ENEL and
SEJUS-CE
UNODC
Employment,
education,
training, and
health
UNDP
Resocialization
(individualized
sentence
and issuing
documents)
Private sector Employment
UNFPA
Training and
gender
UNFPA SEAP- Training and
AM
gender
UNFPA
ISE-AC
Education
Event/experience and link
“CNJ and UNDP advance in program aimed at overcoming crisis in the
prison system”
http://gmf.tjrj.jus.br/noticias/noticia/-/visualizarconteudo/5265985/6140647
“Partnership between Paraná and OAS will expand the reintegration of
those serving sentences in the State”
http://www.depen.pr.gov.br/modules/noticias/article.php?storyid=232
“Social Office Management and Operation Manual”
https://www.cnj.jus.br/wpcontent/uploads/2020/09/mges_eletronico.pdf
“Entrepreneurship course for former detainees in Fortaleza (CE)”
https://observatorio3setor.org.br/noticias/organizacoes-realizam-projetode-ressocializacao-de-ex-detentos/
“Brazil: Other perspectives on Prison Administration”
https://www.unodc.org/newsletter/pt/perspectives/no02/page002.html
“UNDP Present Justice Program launches public notice for biometric
identification of prisoners”
https://www.br.undp.org/content/brazil/pt/home/presscenter/
articles/2019/programa-justica-presente-lanca-edital-para-identificacaobiomet.html
“Reintegration of former detainees: possibilities for Corporate
Volunteering”
https://voluntariadoempresarial.com.br/reintegracao-de-ex-detentospossibilidades-para-voluntariado-empresarial/
“In Manaus, with support from UNFPA, women in custody participate in a
sewing workshop to produce fabric masks”
https://brazil.unfpa.org/pt-br/news/em-manaus-com-apoio-do-unfpamulheres-em-cust%C3%B3dia-participam-de-oficina-de-costura-para
“Inmates participate in training to make reusable sanitary napkins”
http://www.seap.am.gov.br/detentas-participam-de-capacitacao-paraconfeccao-de-absorventes-higienicos-reutilizaveis
“UN Population Fund advances in partnerships with ISE”
https://agencia.ac.gov.br/fundo-de-populacoes-da-onu-avanca-emparcerias-com-o-ise/
Source: Authors.
mands33,34. Another issue is the lack of legal assistance and interest in rehabilitation by those
responsible for criminal enforcement. On many
occasions, there is no differentiation of PDLs by
criminal type or condition in the criminal process (pre-trial and convicted, closed, semi-open,
and open)34. In this context, the concept proposed by Bourdieu, which discusses the incorporation of institutional schemes by individuals
and how they can control the social dynamics of
a given field8, can be applied. The use of this concept is vital for the applicability of problems and
actions in prison policy.
Most federative states adhere to the programs
proposed by the CNJ and DEPEN but also develop their activities for the social reintegration of
former inmates of the prison system, primarily
aimed at offering professional training to incorporate them into the job market. However, only
the state of Rio Grande do Sul develops actions
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
Chart 4. Data referring to news found on websites of international agencies in Brazil.
Miranda RB et al.
4612
from a gender perspective, offering training for
preparing thermal blankets for the homeless. This
Project is a partnership between the Secretariat of
Justice and Criminal and Socio-Educational Systems (SJSPS) and the Monitoring and Inspection
Group of the Justice Internal Affairs Department
of Rio Grande do Sul’s Court of Justice. The low
number of programs with a gender perspective
highlights the low visibility of women in the prison system. The importance of working on this
issue is emphasized by Fores and Pellico17 when
they address the issue of discrimination and stigma in society and how they are very much present
regarding women deprived of liberty which their
families and friends17 can still reject.
We should emphasize that the situation of
social vulnerability experienced by women deprived of liberty begins even before incarceration, as most of them come from marginalized
and underprivileged segments of society. In this
context, they have fewer prospects of getting
jobs, even compared to men deprived of liberty.
In most cases, they commit a crime due to a situation of vulnerability, and it is not uncommon
for them to remain in violent relationships due to
economic dependence14,35. Providing these women with adequate opportunities for professional
training during incarceration can help them get
a job after serving their sentence, thus facilitating social reintegration and breaking the cycle of
social vulnerability and violence. Managers must
know that the training and the possibility of employment can correspond to market demands
and aim to increase these women’s actual chances
of earning a decent wage after imprisonment3,15,16.
NGOs are active in social reintegration in
Brazil. Many news regarding programs aimed at
socialization, training, and support for returning
to work activities were found, and three of these
actions were specific to women deprived of their
liberty. International agencies operating in Brazil were also found in promoting social reintegration programs, emphasizing UNFPA, which
develops actions with a gender perspective, promoting training workshops for women in custody. Besides access to training and employment,
another crucial point for women deprived of
liberty is access to education, especially for the
most vulnerable, as they are more likely to have
minimal education or even to be illiterate. Access to education is an important avenue to help
these women gain self-confidence and financial
independence. Prisons are often the first opportunity they have to learn to read and write, which
can improve their professional skills and their
self-esteem14-16. The right to education must be
guaranteed by the prison authorities, even when
the State does not have the conditions to do so,
which can be performed through cooperation
with educational institutions and NGOs3.
Preserving assistance programs to prepare
women deprived of liberty for social reintegration
is a crucial measure to ensure that these women’s
social, psychological, and health support needs
are not interrupted after serving the sentence14,36.
Activities carried out in prison must be linked to
external services to ensure care continuity and
the monitoring of cases requiring follow-up with
any professional training, psychological support,
or medical treatment initiated in prison. This
process is only sometimes straightforward and,
depending on the country, and local culture, can
have several obstacles to the social reintegration
of these women37.
In situations where the end of serving a sentence is nearing, prison authorities should use
some regime transition strategies, such as the
semi-open regime, to facilitate the transition
from the prison situation to living with society
and, thus, re-establish contact between women
deprived of liberty and their families as soon as
possible. These strategies facilitate a more harmonious and successful social reintegration3.
The Brazilian Government participated in the
negotiations for elaborating the Bangkok Rules
and their approval at the United Nations General
Assembly. However, these rules still need to be
effectively included in consistent public policies
in the country. One of the difficulties in the success of these rules is the stigma directed at PDLs.
Goffman12 argues that stigma provides a social
identity that brings a contrary valuation. The social environment establishes identity classes in
different value categories for individuals12, preventing adequate social reintegration.
The situation of the Brazilian Penitentiary
System has severe difficulties, which has stimulated the reflection of the public power and society on the penal execution policy. In Brazil,
Criminal Law is based on three groups: the Penal
Code, which predicts what a crime is and ratifies
the applicable penalties per the nature of the infringement committed; the Criminal Procedure
Code, which defines the steps that police authorities must follow from the notification of the
crime to the judgment of the criminal process;
and the Penal Execution Law (LEP), which regulates the minimum conditions for transgressors
in the process of complying with their penalty,
including social reintegration measures38.
4613
Conclusions
Analyzing the problem addressed in this work
from the holistic-relational perspective viewpoint, we aimed to cover all its complexity and,
in a gender approach, assumed that the prison,
as an institution belonging to a given society, was
thought, designed, and implemented by hegemonic paradigms in a specific historical-sociopolitical, cultural, moral and ideological context.
These cross-sectional typifying schemes of appreciation, perception, and action are not exempt
from conflicts, negotiations, and resistance when
the different subjects (stakeholders, agents) interact in them and imprint a particular dynamic of
daily functioning.
The analysis of internal factors related to the
services offered by the prison system to contribute to social reintegration, such as the evaluation
of the structure, work process, and result of the
services, and the external factors related to public policies, management, network articulation of
justice, health, and education are essential tools
in the consolidation of a national policy3,41. Souza
et al.44 affirm that mortifying the self within the
prison due to humiliation and violence to which
prisoners are subjected hinders these people’s
view of the prison as a legitimate resocialization
space. The prison environment should be considered a legitimate and dignified space for incarcerated people to realize the resocialization process
effectively.
The challenge of the Brazilian penitentiary
system includes the approach of citizenship and
human dignity to the prison system, as the isolation of individuals distances them from social
life and places them in an environment with its
rules. Moreover, state programs can move closer
or further away from the DEPEN-oriented social
reintegration policy. Within this challenge, the
gender issue approach should be categorically included in the programs proposed by the different
stakeholders to give these women visibility in social reintegration to enjoy their rights fully. There
is no definitive answer to this challenge. However, the State needs to guarantee PDLs the fundamental rights of citizenship in prison and develop programs and resocialization projects globally
and continuously so that the rights provided for
in the LEP are materialized in concrete actions
and secure a path for the convicts’ effective social
reintegration.
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
The LEP faces specific barriers in its application, such as the difficulty in guaranteeing the
dignity and humanity of sentence execution in
prisons, and the conditions for social reintegration, despite its first article aiming “to put into
effect the provisions of the sentence or criminal
decision and provide conditions for the harmonious social integration of the convict and the
interned”. Also, article 10 of the LEP mentions
the clear State’s duty to offer assistance to PDLs
to avoid recidivism to the crime and guide the
importance of social reintegration measures that
must be extended to the former inmate – “Assistance to the prisoner and the interned is the duty
of the State, to prevent crime and guide the return to coexistence in society”39.
According to Silva40, while the LEP clearly
intends to resocialize individuals after serving a
sentence, resocialization has not been satisfactory in the Brazilian reality since prisons are unsuitable for this process. The legal system’s apparatus
for resocializing PDLs still requires numerous
changes to become a reality in Brazilian prisons, as they need to provide effective programs
to realize resocialization. The Executive Branch
needs to prepare for the correct application of the
LEP, so the states responsible for the penitentiaries must invest in infrastructure and specialized
labor so that public policies can be defined and
adapted to the resocialization of prisoners, as per
the current legal system39,40.
The LEP brought to the agenda of penal execution the discussion on how to proceed in
the social reintegration of PDLs. Some conflicting concepts about reintegration41 are observed.
However, they all converge on the relevance of
contributing to the change in individuals’ lives15.
Government initiatives are essential in this process, as they can guide national policies and
States in conducting the social reintegration of
PDLs. Although Brazilian states are free to build
their model, they generally follow the guidelines
proposed in the LEP concerning assistance policies for PDLs. The social reintegration actions
are described in the guidelines of the National
Criminal and Penitentiary Policy Plan as a set of
technical, political, and managerial interventions
conducted during and after serving sentences or
security measures to create interfaces to bring
the State, Community, and beneficiaries closer,
increasing their resilience and reducing their vulnerability to the prison system42,43.
Miranda RB et al.
4614
In short, the results extracted from the documentary analysis on governmental and non-governmental strategies and programs aimed at the
social reintegration of former inmates of the Brazilian prison system, from a gender perspective,
reveal that there are few gender-sensitive programs in Brazil, and they primarily incorporate
education and preparation for work as a critical
factor in social reintegration. However, there is
a gap regarding parenting programs where contact with children is allowed or encouraged, family reunification programs, and treatment of licit
and illicit substance abuse, which shows that once
in the prison system, there is no State awareness
of adapting such a system to the specificities of
women, who have the same treatment given to
men, so that gender adequacy is not considered.
4615
References
RB Miranda, A Goldberg and XPD Bermudez
contributed to the study’s conception and design; data analysis and interpretation; draft of the
manuscript; and approved the submitted version.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
World Health Organization (WHO). The WHO Prison Health Framework: a framework for assessment of
prison health system performance. Copenhagen: WHO
Regional Office for Europe; 2021.
World Health Organization (WHO). Leaving no one
behind in prison health: the Helsinki Conclusions. Copenhagen: WHO Regional Office for Europe; 2020.
United Nations (UN). Handbook on Women and Imprisonment. 2ª ed. with reference to the United Nations
Rules for the Treatment of Women Prisoners and Noncustodial. Measures for Women Offenders. New York:
UN; 2014.
United Nations Office on Drugs and Crime (UNODC). Adressing the global crisis strategy 2015-2017.
New York: UNODC; 2017.
Foucaut M. Vigiar e punir: história da violência nas
prisões. Petrópolis: Ed. Vozes; 1997.
Foucaut M. Dos suplícios às celas. In: Motta MB, organizador. Segurança, penalidade e prisão. Rio de Janeiro: Forense Universitária; 2012. p. 32-36.
Bourdieu P. El sentido práctico. Madrid: Ed. Taurus;
1991.
Bourdieu P. Meditaciones pascalianas. Barcelona: Ed.
Anagrama; 1999.
Bourdieu P, Passeron JC. La reproducción. Madrid:
Editorial Popular; 2001.
Goffman E. Internados: Ensayos sobre la situación
social de los enfermos mentales. Buenos Aires: Ed.
Amorrortu Editores; 1972.
Goffman E. A representação do eu na vida cotidiana.
Petrópolis: Ed. Vozes; 1995.
Goffman E. Estigma: notas sobre a manipulação da
identidade deteriorada. Rio de Janeiro: Zahar Editores; 1982.
Ricciardelli R, Mckendy L. Women parolees’ mental
health in the context of reintegration. Crim Behav
Ment Health 2020; 30(6):303-311.
Burch M. (Re)entry from the Bottom Up: Case Study of a Critical Approach to Assisting Women Coming Home from Prison. Critical Criminology 2017;
25(3):357-374.
Julião EF. A ressocialização através do estudo e do trabalho no sistema penitenciário brasileiro [tese]. Rio de
Janeiro: Universidade do Estado do Rio de Janeiro;
2009.
Añaños FT, García-Vita MDM, Galán-Casado D,
Raya-Miranda R. Dropout, Autonomy and Reintegration in Spain: A Study of the Life of Young Women on
Temporary Release. Front Psychol 2020; 11:1359.
Flores JA, Pellico LH. A meta-synthesis of women’s
postincarceration experiences. J Obstet Gynecol Neonatal Nurs 2011; 40(4):486-496.
Cúnico SD, Lermen HS. Prison from a gender perspective: a systematic review. Psicol Conocim Soc 2020;
10(1):205-239.
West C, Zimmerman DH. Doing gender. Gender Soc
1987; 1:125-151.
Diniz D. Cadeia: relatos sobre mulheres. Rio de Janeiro: Ed. Civilização Brasileira; 2015.
Barbosa AM, Santos SMP. Máquina do abandono:
um olhar sobre a obra cadeia: relatos sobre mulheres, de Debora Diniz. Rev Debates Insubmissos 2020;
3(11):74-90.
Ciência & Saúde Coletiva, 27(12):4599-4616, 2022
Collaborations
Miranda RB et al.
4616
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
CC
Levantamento Nacional de Informações Penitenciárias (INFOPEN). Dados sobre população carcerária do
Brasil são atualizados [Internet]. 2020 [acessado 2021
out 10]. Disponível em: https://www.gov.br/pt-br/noticias/justica-eseguranca/2020/02/dados-sobre-populacao-carceraria-do-brasil-sao-atualizados.
Centro de Estudos de Segurança e Cidadania (CESeC). Rede de observatórios da segurança [Internet].
2021 [acessado 2021 jul 20]. Disponível em: https://
cesecseguranca.com.br/dados/.
Achutti DS. Justiça restaurativa e abolucionismo penal.
São Paulo: Ed. Saraiva Educação S.A; 2017.
Assis RD. A realidade atual do sistema penitenciário
brasileiro. Rev CEJ 2007; 39:74-78.
Freudenberg N, Daniels J, Crum M, Perkins T, Richie
BE. Coming home from jail: the social and health
consequences of community reentry for women, male
adolescents, and their families and communities. Am
J Public Health 2008; 98(9 Supl.):S191-S202.
Conselho nacional de Justiça (CNJ). Escritório Social:
concretizando direitos [Internet]. [acessado 2021 nov
14]. Disponível em: https://www.cnj.jus.br/sistemacarcerario/politica-de-atencao-a-pessoas-egressasdo-sistema-prisional-escritorios-sociais/escritoriossociais/.
Conselho nacional de Justiça (CNJ). Começar de novo
[Internet]. [acessado 2021 nov 12]. Disponível em:
https://www.cnj.jus.br/campanha/comecar-de-novo
-artigo-campanha/.
Conselho nacional de Justiça (CNJ). Cartilha da mulher presa [Internet]. 2011 [acessado 2021 nov 20].
Disponível em: https://www.cnj.jus.br/wp-content/
uploads/2011/02/cartilha_da_mulher_presa_final.
pdf.
Nicolau AIO, Ribeiro SG, Lessa PRA, Monte AS, Ferreira RCN, Pinheiro AKB. Retrato da realidade socioeconômica e sexual de mulheres presidiárias. Acta
Paul Enferm 2012; 25(3):386-392.
Lima GMB, Pereira-Neto AF, Amarante PCD, Dias
MD, Ferreira-Filha MO. Mulheres no cárcere: significados e práticas cotidianas de enfrentamento com
ênfase na resiliência. Saude Debate 2013; 37(98):446456.
Bastick M, Townhead L. Women in prison: A commentary on the UN Standard Minimum Rules for the
Treatment of Prisoners. Genebra: Ed. Creative Commons Licence; 2008.
Salla F, Lourenço LC. Aprisionamento e prisões. In:
Lima RS, Ratton JL, Azevedo R, organizadores. Crime,
polícia e justiça no Brasil. São Paulo: Contexto; 2014.
BY
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
Andrade CC, Oliveira-Junior A, Braga AA, Jakob AC,
Araujo TD. O desafio da reintegração social do preso:
uma pesquisa em estabelecimentos prisionais. Brasília:
Ipea; 2015.
Shantz LR, Frigon S. Aging, women and health: from
the pains of imprisonment to the pains of reintegration. Int J Prison Health 2009; 5(1):3-15.
Lackner M. Prisoner reentry and reintegration: perspectives of the women involved in Outcare’s St John
of God Women’s Program [tese]. Joondalup: Edith
Cowan University; 2012.
Espinoza O. Mujeres Privadas de Libertad: ¿Es posible su reinserción social? Cad CRH 2016; 29(n. esp.
3):93-106.
Bitencourt CR (2021). Tratado de Direito Penal - Parte Geral - Volume 1. 27ª ed. São Paulo: Editora Saraiva
Jur; 2021.
Brasil. Lei nº 7.210, de 11 de julho de 1984. Institui a
Lei de Execução Penal. Diário Oficial da União 1984;
13 jul.
Silva JR. Prisão: Ressocializar para não reincidir [monografia]. Curitiba: Universidade Federal do Paraná;
2003.
Baratta A. Ressocialização ou controle social: uma
abordagem crítica da reintegração social do sentenciado. Alemanha: Universidade de Saarland; 2013.
Brasil. Ministério da Justiça e Segurança Pública
(MJSP). Conselho Nacional de Política Criminal e
Penitenciária. Plano Nacional de Política Criminal e
Penitenciária (2020-2023). Brasília: MJSP; 2019.
Conselho Nacional de Justiça (CNJ). Número de
mulheres presas multiplica por oito em 16 anos [Internet]. 2017 [acesso 2010 ago 14]. Disponível em:
https://www.cnj.jus.br/numero-de-mulheres-presas
-multiplica-por-oito-em-16-anos/.
Souza EM, Costa ASM, Lopes B.C. Ressocialização,
trabalho e resistência: mulheres encarceradas e a produção do sujeito delinquente. Cad EBAPE.BR 2019;
17(2):362-374.
Article submitted 28/11/2021
Approved 12/08/2022
Final version submitted 14/08/2022
Chief editors: Maria Cecília de Souza Minayo, Romeu Gomes, Antônio Augusto Moura da Silva
This is an Open Access article distributed under the terms of the Creative Commons Attribution License