Convênios administrativos no sistema penitenciário do Estado do Tocantins: estudo sobre as possíveis contribuições na promoção de direitos sociais aos privados de liberdade

Abstract

The harsh reality of the Brazilian penitentiary system portrayed in the media reveals that Brazil, despite having a legal system that provides guarantees and has signed important treaties and conventions on human rights, has serious difficulties in providing a minimum level of dignity to individuals in its custody. Penal facilities have historically been marked by several violations of rights and by the absence of positive public policies due to the limited availability of resources for the management of the establishments and for the promotion of the rights of those deprived of liberty. In view of this, the State of Tocantins has joined forces with other public agencies or entities to carry out actions to promote health and offer schooling, qualification, work and income in the penitentiary context, and has even signed administrative agreements aimed at promoting social rights in favor of the effectiveness of the resocialization process. Given this scenario, the present research aims to analyze the potential contributions of the administrative agreements signed and executed between 2017 and 2021 for the promotion of social rights for those deprived of liberty in the Penitentiary System of the State of Tocantins, so that it is possible to determine whether the agreements can collaborate with the resolution of the crisis in the penitentiary system of Tocantins and with the undue deprivation of social rights of those detained. To this end, first, the work seeks to reflect on the rights of the incarcerated person guaranteed by internal and international standards so that one can understand the importance of adequate protection of the social rights of those detained. Then, it addresses the reality of national prisons and, specifically, of the Penitentiary System of the State of Tocantins, where the study has its focus, discussing the main issues related to the execution of sentences of deprivation of liberty. Finally, the administrative agreements signed and executed by the penitentiary administration of the State of Tocantins are analyzed to verify their potential contributions to the promotion of social rights for inmates in the state penitentiary system. To conduct this study, public documents and records are explored and relevant scientific works and articles are adopted as a theoretical reference that allow for reflection on the social rights of those deprived of liberty and the fateful situation in which the penitentiary system finds itself, as well as for understanding administrative agreements in the context of the penitentiary system. This approach allows the study to identify possible contributions of administrative agreements to the rights of those deprived of liberty with the aim of collaborating in mitigating the effects of the penitentiary issue, as well as other social issues.