Impacto da pandemia no cumprimento de pena: estudo da recomendação de nº. 62 do CNJ

Abstract

During the pandemic, the Brazilian prison system presented deficiencies and was neglected. In March 2020, the National Council of Justice (CNJ) released recommendation no. 62 to guide the prison administration on how to deal with the prison population in Brazil. The study begins with the world's five largest pandemics and endemics, including the coronavirus pandemic, describing how they started and which measures governments have taken. Next, it presents the prison regimes adopted in Brazil, showing how they responded to recommendation no. 62 and which measures were taken to prevent deaths and contaminations. Although the Criminal Execution Act requires convicts to be housed in individual cells with a minimum area of 6.00m², prisons are overcrowded. Finally, the deaths that occurred in the prison systems are discussed and analyzes whether or not there was negligence and ineffectiveness in the recommendation of the National Council of Justice in the face of the pandemic. The National Penitentiary Department provides data on the number of cases and deaths of COVID-19 in the prison system of Goiás. The study highlights flaws in recommendation no. 62 of the CNJ for the prison population and negligence of the fundamental rights of inmates, indicating the need for changes in the Brazilian prison system.