The PUBLIC-PRIVATE PARTNERSHIP IN THE BRAZILIAN PENITENTIARY SYSTEM AND ITS REFLECTIONS FOR THE CRIMINAL EXECUTION:

A CLOSE LOOK TO THE STATE’S RESPONSIBILITY

Abstract

This article analyzes the possibility of applying the Public-Private Partnership type of administrative contract to the Public Security, by hiring a private person for the construction and maintenance of prisons and/or provision of services in penitentiaries and prisons. Doctrinal and normative research was carried out on the subject, through the deductive method, investigating the repercussions of this policy to the criminal execution, and the consequences in relation to the police power, inherent to public power. Although the failure of the current prison system in observe the Criminal Execution Law is undeniable, with a PPP being presented as a promising alternative, this must be considerate, otherwise, it may lead to an even greater loss, discrediting the state's jus puniendi and violating the power of the police, which cannot be delegated by the Public Power.