establishment. Day release jobs are also admissible, since it is in attendance to vocational training, secondary or higher-education
programmes;
(c)Open regime: It is the initial condition for a non-recidivist offender who has been sentenced to four years or less. It is based on the
convict’s self-discipline and sense of responsibility. He/she should, without surveillance, serve his/her sentence outside prison facility,
attend courses or exercise other authorized activity, being in a curfew at night and on leisure days.
25.To achieve these objectives (and to determine through autonomous judicial procedure that LEP’s social reintegration objective is
reached), the country relies on a complex institutional structure and on a division of competences among the federative units, as well
as on the civil society’s participation in the control, inspection and formulation of norms on the subject.
26.Criminal execution involves several bodies according to the dispositions of LEP, article 61. They are:
I-The National Criminal and Penitentiary Policy Council (CNPCP);
II-The Surveillance Judges;
III- The Public Prosecutor´s Office;
IV- The Penitentiary Council;
V- The Penitentiary Departments;
VI-The Parole Authority;
VII- The Community Council; and
VIII-The Public Defender’s Office.
B.General data
27.The Brazilian population in prison, according to data from the National Penitentiary Information System-INFOPEN, is the largest
in Latin America. There are 1,312 criminal establishments and more than 514 thousand inmates occupying about 300,000 vacancies.
It should be noted that over 217,000 are considered pre-trial prisoners.
28. In the prison system, more than 250,000 youth-adults (aged 18-29) and more than 300,000 inmates have not completed
elementary education, which increases their social vulnerability. It should be further pointed out that 48,000 of these people are
currently engaged in educational activities. Regarding their ethnic group, more than 270,000 declared themselves black or mulatto
and over 160,000 as white.
29.Regarding the type of crime committed by people currently deprived of liberty, more than 240,000 are crimes against property
(larceny, robbery, robbery and murder, extortion and others) and more than 125,000 are crimes related to drugs (drug trafficking
and international drug trafficking).
30.Specific data on education, work and health in the prison system will be presented under chapter IV (C), (D), and (E) hereof.
III.Social educative system
A.Institutional structure
31.The Brazilian Government is engaged in creating an environment of accountability and opportunities for adolescents deprived of
liberty and to eradicate any ill-treatment practices or violations of the rights of this population, in order that they halt their criminal
course, as well as to create alternatives for productive autonomy and emancipation.
32.Brazil has established its legal framework to address adolescents caught in offence in harmony with international norms. In this
regard, three major landmarks should be noted:
The Law 8069-Statute of the Child and the Adolescent (ECA), sanctioned on 13 July 1990, provided a new standard for full
protection, which goes farther in regard to protection and social-education in replacement of the former culture of “punishmentcorrection-incarceration.” Seen as an advanced legislation, this statute provides for the individual rights of adolescents; defines
parameters for the Judiciary and the Executive for dealing with adolescents in conflict with the law; establishes social-educative
measures that might be adopted, from warning to damage compensation to community service to liberty under surveillance, to semiliberty, or to incarceration; and also defines criteria and procedures from seizure to the application and implementation of care
programmes.
On 11 December 2006, the Council on Children and Adolescents (CONANDA) issued the resolution no. 119 establishing the basis
for the National Social-educative Service System (SINASE). This was the result of a collective and participative effort which defined
the foundations for a system that stressed the guarantee of the rights of adolescents in conflict with the law. Resolution no. 119 set the
principles that govern the system: norms for its organization and for the management of social-educative programmes; pedagogic
guidelines for dealing with minors, and architectonic standards for social-educative facilities; and forms of financing, monitoring, and
evaluation. In addition to being the first document to provide orientation for the social-educative work, it was a source of inspiration
for the National Social-educative System draft bill.