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If you've ever heard an interview or speech by Sergio Moro, Minister of Justice and Public Safety, you probably know his ideas on fighting corruption, money laundering and Operation Clean Hands , who upset an extensive corruption plan involving Mafia in Italy in the 1990s.
 Prisonniers rebelles dans la chaîne d'Alcaçuz (RN), en janvier 2017 )
Rebellious prisoners in the chain of 39 Alcaçuz (RN), in January 2017
For example, in his first speech at the head of the ministry, Moro cited the Bahian jurist Rui Barbosa (1849-1923), but also the "heroic judges" of the Italian mega-research, Giovanni Falcone and Paolo Borsellino.
But what does Moro think of the white-collar prisoners, who constitute the absolute majority of the estimated 840,000 prisoners in Brazil? While the minister and his team intend to deal with an excess of inmates who today raises to 358,000 people – not to mention the more than half a million warrants for arrest open yet not executed?
Brazil is a real time bomb, with the number of inmates increasing by just over 8% a year. These data, as well as those in the above paragraph, are included in the latest Ministry report issued in late 2018.
If this pace continues, said the then Minister of Security, Raul Jungmann, during the balance sheet presentation, Brazil would have 1.4 million prisoners.
Photo: Rafael Carvalho / Transitional Government / BBC News Brazil
The same goes for the population of Porto Alegre (RS). Today, 37 per cent of these prisoners have not even been tried, according to the latest data from the Brazilian Forum on Public Security.
For Jungmann, Sérgio Moro's predecessor, the Detention Unit is the Ministry's main challenge. "It's there that organized crime has its seat: there are the chiefs and the command, from there the orders begin and there is the control of violence in the streets." is the center of recruitment of factions, "the former minister told BBC News Brazil.
The report is maintained with the head of the national penitentiary department (Depen) of the new leadership, the delegate of the Federal Police, Fabiano Bordignon, as well as with members of Congress who have recently met Sergio Moro. He also heard legal experts and people who worked with the former judge to understand Moro's thinking and plans for the prison system.
First of all, says Bordignon, the idea is to fill about 60,000 new vacancies in prisons – the value for the construction of these new prisons has already been communicated to state governments during previous years, [19659006] "With very few exceptions, no one wants to discuss and seek solutions to the penitentiary system and its factions, which are complementary to violence and insecurity in the street, and all the world wants to solve the problem of the streets, no one wants to solve the penitentiary system, "said Jungmann. . When he spoke to the BBC, the former minister was in Spain, where he enjoyed a few days of recreation.
For Jungmann, the penitentiary system is the main challenge of the ministry
"This (the predominance of factions) is visible in Ceará (where factions reacted violently to the announcement of changes in prison politics in mid-January), and this growth of factions based on Prisons bring organized crime to a growing confrontation with the state and to bribery or capture of public officials, territories, police, politicians, and control bodies , etc., "said Jungmann.
Jungmann did not want to make any recommendations to Moro ("It would be inelegant," he said), but he did address a recent article in the Folha newspaper of S. Paulo, in which he elaborates on topic and says that the government should give priority to the arrest of criminals According to the National Council of Justice, trafficking is now the second crime that causes the most people in prison, such as the big traffickers, the killers and the organized crime barons, as well as the modification of the current drug policy.
Bordignon thinks differently from the former Temer Security Minister. For the FP delegate, the DOJ should instead work to improve the conditions of detention in prisons – including strengthening projects such as custody hearings, when detainee files are reviewed by judges prior to incarceration, to avoid unjust prisons.
But the state can not attempt to solve the problem by "releasing prisoners".
"You can not solve a shortage of vacancies by releasing prisoners." This situation was very clear in the words of the minister (Sergio Moro). but you can not just create 300,000 or 400,000 jobs by releasing them, okay? , "Bordignon told BBC News Brazil.
" you are now creating a policy to publish, "says Depen's new chief.
"The prison of the members (factions), the isolation of the prisoners of direction, the identification of structures and the confiscation of property", was the recipe presented by the minister to deal with the factions in the speech alludes to Depen's head.
"We must, with investments and intelligence, regain control of the state over Brazilian prisons," Moro said on January 2, while he was a minister.
Up to now, the plan is to build more prisons
In August 2015, the Federal Supreme Court (STF) ruled that the Brazilian prison system as a whole violated the 1988 Constitution. [19659004"Mostofthesedetaineesaresubjecttothefollowingconditions:prisonovercrowdingtorturehomicidebadualviolencedirtyandunhealthycellsproliferationofinfectiousdiseasesjunkfoodaswellasaconsiderabledominationofprisonsbyprisonerscriminalorganizations"wroteMinisterMarcoAurelioMellorapporteurofthecase
The STF then decided on custody hearings and, perhaps even more importantly, prohibited the federal government from guaranteeing (the technical term is "unforeseen") Funpen's money.
In the following years, an unprecedented amount of the federal budget of Funpen reached the state governments: A $ 1.2 billion in 2016 and A $ 590 million in 2017.
If before the problem was Brasilia, which did not release the resource, after 2016, the problem arose in the United States: most of Money was not used for bureaucratic procedures or for bidding; and when it comes to building more prisons, the problems are even greater.
All new channel projects must be approved by the GM, for example. Today, 153 new prison projects are sent by states and awaiting badysis, explains Bordignon.
In the telephone conversation, the Depen chief twice repeats that the government "is only the 18th day".
A previous study by Depen suggests that only funds already paid to states would create 65,000 new places in prisons if all projects were ready. Thus, says Bordignon, the department will now have a dedicated space to support these engineering projects and an exclusive space to help states to bid.
More: it is to offer to the governors and secretaries of the States several projects of prisons already ready.
"What we want is a portfolio of penitentiary projects, already adapted to each region," explains Bordignon. According to him, there would be 20 or 30 different options, created in partnership with universities such as the University of Brasilia (UnB). To make building faster, Bordignon plans to use the modular construction, technique in which some parts of the project arrive ready and are "nested" into each other.
"The mbad of the prison is not white, she is black and poor," says criminal lawyer Fernando Castelo Branco
The DOJ will also seek to increase inmate access to work, including through partnerships with businesses. The idea is to make sure that "industrial units or agricultural units (where the prisoner can) acquire the conditions for, to return to society …, finance their lives".
The work of the prisoners would also help maintain the chain and "institute compensation (a cash sum) once released," said Depen's director.
In addition to building chains, Bordignon wants to expand the use of videoconferencing to speed up detention hearings – so that the inmate is not forced out of jail to meet the court in his case. He also said that MJ would collaborate with the NYC to strengthen prison prisons, when public defenders and the judiciary would review prison procedures and the penalties imposed to prevent people from being illegally detained.
The package "organized crime"
In early February, Sergio Moro should send to Congress a package containing one or more bills aimed primarily at strengthening the fight against organized crime. and measures against corruption. The main goal is to make the court process more agile, Moro said.
"It will not be a very effective strategy to impose sanctions alone, but rather to address the bottlenecks of criminal law and procedural criminal law that have an impact on criminal law. Efficiency of the justice system, "he said when he took office.
It is unlikely that this first package brings good news to the prison.
"This question of prisons … It seems to me that he (Moro) is more concerned about the crime outside the prison," says a federal deputy from the state of Ceará, Danilo Forte (PSDB) who was with Moro in mid-January. .
"But I may have had this impression because this issue (prisons) was not really on the agenda of our meeting," he says. Strong chairs the committee responsible for the new Criminal Code process. Moro asked Fortes a deadline to present his thoughts on the new code.
The Liquorice Chain, which faced a rebellion in early 2017
According to representative Joaquim Pbadarinho (PSD-PA), Moro will reuse some of the proposals contained in the Bill Ten Measures against Corruption, an old popular initiative promoted by members of the Federal Prosecution and buried by the Chamber in 2016.
Among the Ten Measures, Moro wants to buy, for example, the proposal of the "whistleblower": it is to protect and even reward people who denounce certain types
There will also be new proposals. "For example, the punishment must stop for those who belong to a criminal faction.A member of a faction is a criminal and therefore should not have a criminal progression," said Joaquim Pbadarinho, rapporteur of the Ten Measures project
. Criminal progression is the rule that a prisoner under a closed regime may, after serving part of his sentence and under certain conditions, go into semi-open (he sleeps only in the prison) and then in open regime. For example, a person sentenced to 30 years in prison never goes into closed custody in Brazil for three decades.
Moro's package will include a version of the so-called " plea bargaining " in the United States – that is, the person charged by the prosecutor acknowledges his guilt even before a trial occurs; in return, gains benefits like the reduction of the sentence.
The Minister also intends to formalize the current understanding of the STF, according to which the prisoner can begin to serve his sentence after the second instance conviction.
The "common" crime has never been the beach of Moro
Before becoming Minister of Justice, Moro was considered the owner of the 13th Federal Court of Curitiba – a trade specialized in money laundering d & # 39; money. He was investigating money laundering (which happens when someone tries to give a legal appearance to resources of illicit origin) that Moro embarked on the two main investigations of his career: the Banestado case in the 1990s and Lava Jato, which began in 2014. [19659067] Moro's specialty is the economic criminal law, whose goal is to dismantle major criminal factions "src = "https://p2.trrsf.com/image/fget/cf/460/0/images.terra.com/ Moro 's specialty is what is known as Criminal Penal Law, the most important of which is The goal is to dismantle large criminal factions "width =" 460 “/>
Moro's specialty is what is called criminal law. the objective of which is to dismantle the major criminal factions
The type of crime on which Moro investigated Lava Jato and Banestado belongs to the field of knowledge called "economic criminal law" – and, even if it is fundamental to combat these crimes. White-collar crime, they have little relation to the crimes that fill most today the 1,456 prisons of the country.
According to data from the National Council of Justice, presented in August 2018, the crimes most likely to incarcerate people in prison are those of robbery (27%) and drug trafficking (24%) . academic action very focused on economic criminal law, which does not detract from its merit as a thinker of the law. "Economic criminal law aims to punish and dismantle the big organized factions," says criminal lawyer Fernando Castelo Branco
. "Corruption, Money Laundering and Organized Crime – maybe Moro's tripod, his flag has always been, and in the Federal Court it's very reasonable to wear that shirt." the Ministry of Justice is much more "said Castelo Branco, professor of criminal procedure at the Pontifical Catholic University (PUC) of São Paulo and postgraduate coordinator of the Institute of Public Law (IDP-SP).
"The prison population is not white, it is black and poor." We do not see the minister, even if time is short, but very worried. this situation of bankruptcy of the penitentiary system ", underlines the criminalist
Moro obtained a master's degree (2000) and a doctorate (2002) from the UFPR (Federal University of Paraná) Both papers deal with subjects More recently, he has published scholarly articles and co-ordinated research projects on criminal law, and was a professor in this branch of law at the UFPR, a position he left in March.
In his most recent academic texts, former Judge Lava Jato discusses topics such as corruption in Brazil, money laundering and even the use of databases. genetic material data for criminal investigations (2006) – another proposal he intends to take in the ministry.
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