Privatização das penitenciárias: uma investigação dialética acerca do negócio da violência no âmbito das políticas neoliberais a partir da criminologia crítica

Abstract

Crime and imprisonment are the central elements of the penal system, although they do not exhaust its applicability. However, the dual application of this system has led to the identification of several problems, such as the crisis of incarceration and hyperpunitiveness as symtomps of a late criminal modernity. However, a paradoxical phenomenon occurs: in the measures of its expansion is found an obstacle for continuity of the expenses with more prisons. In this scenario, appears the proposal for the private prisons as a way of continuing the logic of building more prisons without compromising public spendings. Nevertheless, this phenomenon deserves to be the subject of critical-philosofical and legal questions. The general problem that arises is how the proposal of private prisons is structured in the center of a neoliberal penology in which there is commercialization of the criminal justice system. As a general hypothesis, the private prisons has two central elements. In the criminal justice aspect, it is a paradoxical continuity of the Penal State, since it continues in the penal logic of punishment, even though it diminish the economic influence of the State by delegating the enforcement function of penalty execution to private initiative. In the aspect of neoliberal politics, it is a technique of violence management that openly declares an economic function of the penalty, whereby profit becomes the reference point for prison management. In this way, this scientific paper conducts an investigation not only on the normative aspect of private prisons, but also explores a dialectical investigation of criminal justice itself. Therefore, the methodology used includes a bibliographical and documentary exploration using historical materialism as a tool to approach the penal system. Therefore, in the first chapter of the book, is given special attention to the analysis of two essential categories of the penal system using the perspective of penal abolitionism. In the second chapter, it was made an historical analysis of the development of the prison as an instrument of social control until arriving at the inclusion of the private agent in its management still in century XIX. In the third chapter, the private prisons is approached from the critique of late penal modernity. Finally, in the last chapter we present our counterproposal to the thesis of penology, that is, its dialectic antithesis – pedagogy – as a theoretical form of dialectical development of our proposal.