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Brazil

Prevention to Torture and Mean, Inhuman, or Humiliating Treatments in the Penitentiary System (BR0091)

Overview

At-a-Glance

Action Plan: Brazil National Action Plan 2016-2018

Action Plan Cycle: 2016

Status: Inactive

Institutions

Lead Institution: Ministry of Justice and Citizenship

Support Institution(s): Ministry of Justice and Citizenship National Justice Council Ombudsman of Public Defender's Office of the State of São Paulo, Torture Prevention and Combat National Mechanism (MNPCT) University of Brasília Correctional Pastoral Association of Judges for Democracy (AJD) Association for the Prevention of Torture (APT)

Policy Areas

Capacity Building, Human Rights, Justice, Open Data, Public Participation, Records Management

IRM Review

IRM Report: Brazil Mid-Term Report 2016-2018

Starred: No

Early Results: Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Civic Participation , Technology

Potential Impact:

Implementation i

Completion:

Description

Lead government institution Ministry of Justice and Citizenship Civil servant in charge for implementing at lead government institution Maria Gabriela Viana Peixoto Position - Department General Ombudsman/Ombudsman DEPEN E-mail gabriela.peixoto@mj.gov.br Telephone 55 61 20253602 Other involved actors Government Ministry of Justice and Citizenship National Justice Council Ombudsman of Public Defender's Office of the State of São Paulo Civil society, private sector, group of workers and multilateral actors Torture Prevention and Combat National Mechanism (MNPCT) University of Brasília Correctional Pastoral Association of Judges for Democracy (AJD) Association for the Prevention of Torture (APT) Status quo or problem/issue to be addressed Need to qualify permanent channels of social participation, as to structure data gathering, its management and organization and information about inputs, documents, contracts and criminal services of the Brazilian Penitentiary System Main objective To improve transparency mechanisms, access to information and legal reporting about the Brazilian prisional system, by transparency coordinated actions, and other open government policies Commitment short description Improvement on the tasks of collecting, organizing and dealing with data and information about the Brazilian prisional system, in order to have good material for an effective social participation OGP Challenge addressed by the Commitment Improving Public Services Increasing public integrity More effective public resources management Increasing Corporate Accountability Commitment relevance Ensure public access to information and safeguard basic rights Goal National database available, produced from inspections carried out by various actors at the correctional system

IRM Midterm Status Summary

8. Prevention to Torture and Mean, Inhuman, or Humiliating Treatments in the Penitentiary System

Commitment Text:

Implement a unified and open format computerized prison inspection system, ensuring civil society participation in its development and management

The commitment seeks to essentially provide an open format national data base that is generated from inspections carried out by several actors in the prison system, which promotes an improvement in the work of collecting, managing and organizing data and information on the national penitentiary system and that can be able to provide quality subsides for an effective social participation.

8.1 – Key players mapping and workgroup stakeholders´ establishment

8.2 – Workgroup establishment, with the assignment of defining a standardized form and inspection report database, taking into account institutional particularities

8.3 – Public consultation promoting on the form fields

8.4 – Enhancement development and implementation

8.5 – Launch System

8.6 – Mobilization, and other organizations engagement, in order to integrate the system

8.7 – Training institution on inspections

Responsible institution: Ministry of Justice and Citizenship

Supporting institutions: National Justice Council, Ombudsman of Public Defender's Office of the State of São Paulo, Torture Prevention and Combat National Mechanism (MNPCT), University of Brasília

Correctional Pastoral, Association of Judges for Democracy (AJD), Association for the Prevention of Torture (APT)

Start date: December 2016.. End date: November 2018

Context and Objectives

The penitentiary system in Brazil lacks a centralized, updated, and coherent data system. The commitment aims to implement an integrated, open-format, computerized prison inspection system. The commitment also calls for civil society participation in the system’s development and management. The system will be capable of permanently collecting, managing, and organizing data of the Brazilian Penitentiary System related to inputs, documents, contracts, and criminal services.

Brazil has the fourth largest incarcerated population in the world, with more than 600,000 prisoners, mostly coming from vulnerable populations.[1] Many levels of the prison system, however, lack good data for policy analysis. Civil society organizations referred to the system as a 'black box' policy problem.[2] The commitment aims to gather existing information from inspections conducted inside the prison system. Once categorized and analyzed, the information can be used to shed light on policy issues.

The commitment’s level of specificity is high. The rating reflects the clarity of the key deliverable: the launch of a data system that will integrate penitentiary information in open data format. While the specifics of the data system are unclear, the government outlines a series of cumulative milestones through which the portal will be designed. The government will collaborate with civil society organizations on the design. Steps include the mapping of key players in this field, the establishment of a multi-stakeholder working group, and a public consultation on the portal’s data fields.

The commitment aims to address the OGP value of access to information, with the aid of technology and innovation (i.e., by launching datasets in an open data portal). It also addresses the value of civic participation, with the role of civil society in developing the data portal.

The commitment has a transformative potential impact because it addresses a national priority and responds to a major demand of civil society organizations. The Brazilian penitentiary system has historically suffered from issues such as overcrowding,[3] mismanagement, criminal activity, and poor health conditions.[4] In January 2017 alone, more than 100 prisoners died as a result of violence between criminal factions.[5] In 2017, a member of the National Justice Council reported that there were about 660,000 prisoners in Brazil, despite prisons having a capacity of only about 400,000.[6] The nongovernmental organization Conectas Human Rights also noted that citizens in Brazil are six times more likely to die in prison than if they were not incarcerated.[7]

In response to these issues, civil society has consistently demanded greater transparency in and oversight of the prison system. According to the Brazilian Public Security Forum, 'even today the quality of the data produced leaves much to be desired and reveals little of the reality of the Brazilian prison system.'[8] Civil society groups have also noted the absence of information about female prisoners specifically,[9] as well as a scarcity of data on public spending in this sector.[10] In this context, an open data portal with standardized information about the penitentiary system, designed in collaboration with civil society, has the potential to transform business-as-usual practices.

Completion

There is limited progress on this commitment.

Milestones 8.1-8.4 have begun, but with limited progress. The government mapped key players to form a working group (milestone 8.1). Those key players currently reflect the composition of the commitment’s monitoring group.[11] However, the government did not create the working group (milestone 8.2). Representatives from the government (Victor Martins Pimenta) and civil society (Neide de Sordi) confirmed this.

The government submitted a document with data collection filters for public consultation (milestone 8.3). The Ministry of Justice emailed the document to those following the commitment implementation. The civil society organization interviewee, Neide de Sordi, confirmed having received the information. However, according to Sordi, the consultation method was limited, and the document did not garner much feedback. Sordi noted that the submitted feedback has not been addressed with structured government feedback. The IRM researcher confirmed that the material had not been published yet.

As for the development and implementation of the system (milestone 8.4), the government published a call for proposals in September 2017[12] to select and coordinate the civil society organization that will help implement this activity. The proposal offers high compensation (BRL 600,000) and is aligned with the commitment milestones and delivery dates. The action plan stipulated mid-December as the estimated date of conclusion for the selection.

The other milestones (8.5-8.7) have not been started yet.

The first three milestones were expected to be delivered by October 2017, which puts the commitment behind schedule.

Early Results (if any)

The expected results of the commitment include improved public services, increased public integrity, more effective public resource management, and increased accountability. Given the current state of the penitentiary system, the production of open data as envisioned by the commitment could be transformative. However, due to the limited completion of the commitment, there are no results so far.

Next Steps

After the commitment is implemented, a possible next step would be to use the data for public accountability, particularly in collaboration with civil society organizations. The government could establish a channel through which citizens can request responses, explanations, or consequences from government. Conectas Human Rights argues that if this were to happen, the accountability could reduce torture levels in the penitentiary system. The organization states such a measure could also reduce illegal provisional incarceration, increase access to justice, and enhance protection of vulnerable groups, including female and other gender prisoners.[13]


[1] 'Os números do cárcere,' Conectas Direitos Humanos, 5 February 2016

[3] Johnnatan Reges Viana, 'A Crise do Sistema Carcerário Brasileiro,' Ámbito Jurídico 15, no. 104 (2012), http://bit.ly/2rQ0T5n.

[4] Luis Barrucho and Luciana Barros, '5 Problemas Crônicos Das Prisões Brasileiras – e como Estão Sendo Solucionados ao Redor do Mundo,' BBC, 9 January 2017, http://www.bbc.com/portuguese/brasil-38537789.

[5] 'Entenda a Crise no Sistema Prisional Brasileiro,' EBC Agências, 24 January 2017, http://www.ebc.com.br/especiais/entenda-crise-no-sistema-prisional-brasileiro.

[6] 'Sistema Carcerário é Doente e Mata, diz Rogério Nascimento, do CNJ,' National Justice Council, 17 August 2017, http://bit.ly/2BBIBV8.

[7] Rafael Custódio and Vivian Calderoni, 'Penas e Mortes no Sistema Prisional Brasileiro,' Criminal Justice Network Newsletter no. 8 (January 2016), http://bit.ly/2Gtedjv.

[8] Samira Bueno, 'Transparência para Transformar,' Criminal Justice Network Newsletter no. 8 (January 2016), http://bit.ly/2Gtedjv.

[9] Raquel da Cruz Lima, Anderson Lobo da Fonseca, and Felipe Eduardo Lazaro Braga, 'O Silêncio Eloquente sobre as Mulheres no Levantamento Nacional de Informações Penitenciárias,' Criminal Justice Network Newsletter no. 8 (January 2016), http://bit.ly/2Gtedjv.

[10] 'Falta Transparência em Custos do Sistema Carcerário no Brasil,' University of São Paulo Newspaper, 18 July 2016, https://jornal.usp.br/ciencias/falta-transparencia-em-custos-do-sistema-carcerario-no-brasil/.

[11] Open Government Partnership, Memoria de Reuniao—Compromisso 8, http://www.governoaberto.cgu.gov.br/central-de-conteudo/documentos/memoria_reuniao_31jul2017.pdf.

[12] 'Depen Launches Public Call Notice for Innovation and Data Entry in Prison Inspections,' Ministry of Justice, Brazil Federal Government, http://www.justica.gov.br/seus-direitos/politica-penal/noticias-depen/depen-lanca-edital-de-chamamento-publico-para-inovacao-e-abertura-de-dados-nas-inspecoes-prisionais-1.


Commitments

  1. Subnational Good Governance

    BR0100, 2018, Capacity Building

  2. Open Data Policy

    BR0101, 2018, E-Government

  3. Scientific Data Governance

    BR0102, 2018, E-Government

  4. Capacity-Building and Oversight on Nutrition Policy

    BR0103, 2018, Capacity Building

  5. Transport Data

    BR0104, 2018, E-Government

  6. Transparency and Oversight in Infrastructure Repair Processes

    BR0105, 2018, Capacity Building

  7. Increase Participation in Legislative Process

    BR0106, 2018, Capacity Building

  8. Urban and Rural Land Registers

    BR0107, 2018, E-Government

  9. Climate Change Policy Evaluation

    BR0108, 2018, E-Government

  10. Water Resource Management

    BR0109, 2018, Capacity Building

  11. National Electronic System/ATI implementation

    BR0110, 2018, E-Government

  12. Open Data on the Federal Government

    BR0084, 2016, Capacity Building

  13. Transparency of Public Funds

    BR0085, 2016, Capacity Building

  14. Access to Information Policy in the Federal Government – Promptness and Effectiveness to Information Requests

    BR0086, 2016, Capacity Building

  15. Access to Information Policy in the Federal Government – Requesters’ Personal Information Safeguard

    BR0087, 2016, Legislation & Regulation

  16. Effectiveness of National Policy for Social Participation Mechanisms

    BR0088, 2016, Capacity Building

  17. Starred commitment Digital Educational Resources

    BR0089, 2016, Capacity Building

  18. Open Data and Information Governance in Health

    BR0090, 2016, E-Government

  19. Prevention to Torture and Mean, Inhuman, or Humiliating Treatments in the Penitentiary System

    BR0091, 2016, Capacity Building

  20. Innovation Spaces for Management in Public Services

    BR0092, 2016, Capacity Building

  21. Assessment and Streamline of Public Services

    BR0093, 2016, E-Government

  22. Open Innovation and Transparency in the Legislative

    BR0094, 2016, Capacity Building

  23. Fostering Open Government in States and Municipalities

    BR0095, 2016, Capacity Building

  24. Transparency and Innovation in the Judiciary

    BR0096, 2016, Capacity Building

  25. Social Participation in Federal Government’S Planning Cycle

    BR0097, 2016, E-Government

  26. Open Data and Active Transparency in Environment Issues

    BR0098, 2016, Environment and Climate

  27. Mapping and Participatory Management for Culture

    BR0099, 2016, Capacity Building

  28. Probity Defense and Asset Recovery

    BR0033, 2013, Anti-Corruption Institutions

  29. Development of a Methodology for Social Participation on the Monitoring of the Pluriannual Plan (PPA) and on the Formulation of the Federal Public Budget

    BR0034, 2013, Capacity Building

  30. Development of the Monitoring System for the Social Movements Demands

    BR0035, 2013, Capacity Building

  31. Capacity-Building of Educators, Political Agents, Public Managers, Councilors for Social Policies and Community Leaderships

    BR0036, 2013, Capacity Building

  32. Encourage States and Municipalities to Endorse the OGP Four Principles

    BR0037, 2013, Capacity Building

  33. Implementation of the ODP.Nano

    BR0038, 2013, Oversight of Budget/Fiscal Policies

  34. Strengthening of the Office of the Comptroller General (CGU)

    BR0039, 2013, Anti-Corruption Institutions

  35. Online Accountability of Resources for Education Within the National Fund for Education Development

    BR0040, 2013, E-Government

  36. Generation of Knowledge and Capacity-Building of Managers and Public Resources Operator’S Partners and of Councilors for Social Control

    BR0041, 2013, Capacity Building

  37. National Program for Strengthening School Councils

    BR0042, 2013, Capacity Building

  38. Development of a Unified and Interactive Information Panel on the Implementation of the Water for All Program, Which Can Be Publicly Accessed Through the Internet

    BR0043, 2013, Capacity Building

  39. Digital Inclusion of Health Councils

    BR0044, 2013, E-Government

  40. Starred commitment Development of Tools for Increasing Transparency and Enhancing Land Governance

    BR0045, 2013, E-Government

  41. Implementation of the Document Management Policy in the Federal Government

    BR0046, 2013, Capacity Building

  42. Development of the “Access to Information Library”

    BR0047, 2013, Capacity Building

  43. Disclosure of Data from the Execution of the Union Budget and from Government Purchases

    BR0048, 2013, Fiscal Transparency

  44. Dissemination of the Public Open Data Culture to the Local Governments

    BR0049, 2013, Capacity Building

  45. Development of Support Technologies and Licensing Models for the Disclosure of Open Data

    BR0050, 2013, E-Government

  46. Disclosure of Information from Government Systems in an Open Data Format

    BR0051, 2013, Open Data

  47. Corporative Information Management in Social Security (E-Governance)

    BR0052, 2013, E-Government

  48. Improvement of Active Transparency and of the Unique Health System’ Ombudsman Unit

    BR0053, 2013, Health

  49. Strengthening of the National Audit System of the Unique Health System (SUS)

    BR0054, 2013, Audits and Controls

  50. Increasing Public Transparency of the Labor Relations Secretariat of the Ministry of Labor and Employment

    BR0055, 2013, E-Government

  51. Disclosure of Recommendations to Carry Out Public Audiences to Serve as Reference for the Government

    BR0056, 2013, Capacity Building

  52. Development of a Database of the Federal Public Administration Purchases Prices

    BR0057, 2013, E-Government

  53. Participatory Audits on the Constructions of Brazilian Host Cities for the 2014 FIFA World Cup

    BR0058, 2013, Audits and Controls

  54. Development of an Indicators Model for Transparency of Brazilian Municipalities Institutional Development

    BR0059, 2013, Capacity Building

  55. Development of a Brazilian Portal for the Open Government Partnership (OGP)

    BR0060, 2013, E-Government

  56. Development of Monitoring Reports on the Electronic Citizen Information System (e-SIC)

    BR0061, 2013, E-Government

  57. Encouragement of Social Participation

    BR0062, 2013, Anti-Corruption Institutions

  58. Formulation and Implementation of the Ministry of Defense’S Information Management Policy

    BR0063, 2013, Records Management

  59. Development of a Database of Administrative Documents Produced by Brazil’S Navy

    BR0064, 2013, Public Participation

  60. Open Educational Data

    BR0065, 2013, Education

  61. Improvement of Data Transparency from the National Consumer Protection Information System (Sindec)

    BR0066, 2013, Legislation & Regulation

  62. Restructuring of the Brazilian Federal Government Transparency Portal

    BR0067, 2013, E-Government

  63. Electronic System for Public Consultations

    BR0068, 2013, E-Government

  64. Improvement of Health Services Through the Increased Use of the National Health Card

    BR0069, 2013, Health

  65. Participatory Development of the Federal Ombudsman System

    BR0070, 2013, Justice

  66. “Brazil Transparent” Program

    BR0071, 2013, Capacity Building

  67. Development of the Unique Health System Letter

    BR0072, 2013, Health

  68. Digital Cities Project

    BR0073, 2013, E-Government

  69. Development of the National System for the Promotion of Racial Equality (SINAPIR)

    BR0074, 2013, Human Rights

  70. Improvement of Mechanisms for Social Participation in the Formulation of Public Policies

    BR0075, 2013, Public Participation

  71. Brazilian Portal for Social Participation

    BR0076, 2013, E-Government

  72. Open Data in the Ministry of Justice

    BR0077, 2013, Justice

  73. Improvement of the Pro-Ethics Company Registry

    BR0078, 2013, Private Sector

  74. Expansion of the Database of the National Debarment List (CEIS):

    BR0079, 2013, Open Contracting and Procurement

  75. Monitoring of the National Plan for Food and Nutrition Security (PLANSAN)

    BR0080, 2013, Health

  76. Development of an Information System on the Maria Da Penha Law (Law No. 11,340/2006)

    BR0081, 2013, Gender

  77. Development of Processes for Prior Consultation Under the 169 Convention of the International Labour Organization’S (ILO)

    BR0082, 2013, Labor

  78. Redesign of the Current Protection Programs

    BR0083, 2013, Human Rights

  79. Capacity Building Programs

    BR0001, 2011, Capacity Building

  80. Distance Education Program

    BR0002, 2011, Capacity Building

  81. Guide for Public Officials on Access to Information

    BR0003, 2011, Capacity Building

  82. Information Services Model

    BR0004, 2011, E-Government

  83. Diagnostic Study on the Transparency Values of Executive Branch

    BR0005, 2011, Right to Information

  84. Diagnostic Study on Role of Federal Ombudsman Units (FOUs)

    BR0006, 2011, Justice

  85. Research Study to Identify the Demands of Society in Regard to Access to Information

    BR0007, 2011, Right to Information

  86. Preparation of a Catalogue of Public Data and Information

    BR0008, 2011, Capacity Building

  87. Organization of a Meeting of the Inter-Council Forum Multi-Year Plan 2012–15 (Phase 2)

    BR0009, 2011, Capacity Building

  88. Organization of the 1st National Conference on Transparency and Social Control (1St Consocial)

    BR0010, 2011, Capacity Building

  89. Organization of the 1st National Open Data Meeting

    BR0011, 2011, Capacity Building

  90. Organization of the National Seminar on Social Participation

    BR0012, 2011, Capacity Building

  91. Partnership with the Digital Culture Laboratory

    BR0013, 2011, Capacity Building

  92. Partnership with World Wide Web Consortium (W3C) Brazil

    BR0014, 2011, Capacity Building

  93. Development of the National Open Data Infrastructure (INDA)

    BR0015, 2011, E-Government

  94. INDA Capacity Building Plan

    BR0016, 2011, Capacity Building

  95. INDA Awareness- Raising Activities

    BR0017, 2011, Capacity Building

  96. Launch of the Brazil Open Data Portal

    BR0018, 2011, E-Government

  97. Resource Transfer Agreements and Contract System (SICONV)

    BR0019, 2011, Fiscal Transparency

  98. Aquarius Platform

    BR0020, 2011, E-Government

  99. Data Warehouse

    BR0021, 2011, E-Government

  100. Restructuring the Transparency Portal

    BR0022, 2011, E-Government

  101. Facilitate Access to Specific Databases

    BR0023, 2011, E-Government

  102. Interactive School Development Plan

    BR0024, 2011, E-Government

  103. Control Panel for the Integrated Monitoring and Oversight System (Public Module)

    BR0025, 2011, E-Government

  104. United Suppliers Registry (SICAF)

    BR0026, 2011, E-Government

  105. Registry of National Education Prices

    BR0027, 2011, Education

  106. Contractual Management of IT Services

    BR0028, 2011, E-Government

  107. Implementation of Pro-Ethics Company Registry

    BR0029, 2011, Private Sector

  108. Systemic Integration of Ombudsman Units

    BR0030, 2011, E-Government

  109. Continued Training for Public Ombudsman Units

    BR0031, 2011, Capacity Building

  110. Public Services Portal

    BR0032, 2011, Open Data