A política pública de cogestão em unidades prisionais do Estado da Bahia

Abstract

This dissertation deals with the importance of the improvement of the prison administration, having, as its theme, the public policy of co-management. The work is justified due to the advance of the state-level prison co-management model, which is responsible for the custody of about half the total prison population. To this end, the research brings with it a fundamental problem; to what extent can control and enforcement mechanisms improve the co-management/outsourcing policy of Bahia’s State Prison Units? Through the deductive hypothetical method, the researcher chose the exploratory qualitative approach, based on the vast bibliographic and data analysis, with the confrontation of a theoretical formulation with reality. The general objective of this research is, using the analysis of the new prison model installed in Bahia (management/co-management), to propose a model of a Service Level Agreement/Result Measurement instrument as a tool to improve the prison management services provided in co-management units in the State of Bahia. A specific objective is to identify the potential application of the Service Level Agreement tool for the prison system, in addition to proposing a non-exhaustive/minimum parameter for achieving goals and improving the legal certainty of the contractual relationship in the co-management contracts. This paper emphasizes the need to advance public policies aimed at public security – more specifically prison policy – building its foundations from the humanistic conception adopted in national criminal law, as well as making it compatible with the premises of modern administrative law within the perspective of management. Although the research identifies the consolidation of the participation of private initiatives in prison public policy (as is already the case in many countries) it concludes that, despite advances, the model is still insufficient, which is why it proposes a new approach whose outcomes in treating the subject of rehabilitation could be more effective. Would it be possible to achieve the recovery goals of the convicted individual by the improvement of the current prison co-management model? At a time when public security is a top priority social demand, and considering that it is up to the state to prepare and qualify the convicted individual for his inevitable and necessary return to society, reality imposes on the Brazilian state new challenges that can be answered by absorbing increasingly modern conceptions, and capturing new tools from the private market, within the limits of the law