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Brazil: National Labor Policy Within the Prison System Enacted

(July 26, 2018) On July 24, 2018, Brazil enacted Decree No. 9,450, which creates the National Labor Policy Within the Prison System (Política Nacional de Trabalho no âmbito do Sistema Prisional, PNAT) to allow persons deprived of their liberty and those who have left the prison system to more easily enter the work world and generate income. (Decreto No. 9.450, de 24 de Julho de 2018, art. 1, Presidency of the Republic website.)

The PNAT is intended for provisional prisoners; persons deprived of their liberty in fulfillment of criminal sentences in closed, semiopen, and open regimes; and persons who leave the prison system. (Id. art. 1(§ 1).)  The Decree provides that the policy must be implemented by the federal government in cooperation with the states, Federal District, and municipalities. (Id. art. 1(§ 2).)

Agreements or instruments of technical cooperation of the Union with the Judiciary, Public Prosecutor’s Office (Ministério Público), international organizations, trade union federations, trade unions, civil society organizations, and other entities and private companies may be signed for the execution of the PNAT. (Id. art. 1(§ 3).)

The principles of the PNAT are the dignity of the human person; resocialization; respect for ethnic-racial and religious diversity, gender, sexual orientation, origin, political opinion, and the disabled; and the humanization of the sentence. (Id. art. 2.)

Article 3 of Decree No. 9,450 lists the directives of the PNAT, which include but are not limited to promoting job offers for people detained in closed, semiopen, and open regimes, and for those who leave the prison system. (Id. art. 3(IV).)

One of the objectives of the PNAT is to provide for the resocialization of persons deprived of their liberty and those who leave the prison system through their incorporation into the labor market and reintegration into the social environment. (Id. art. 4(§ 1).)

In the contracting of services, including engineering services, with an annual value above 330,000 Brazilian reais (about US$84,000), the organs and entities of the federal public administration must require the contractor’s employment of manpower that includes detained persons or former prisoners, under the terms of paragraph 5 of article 40 of Law 8,666 of June 21, 1993. (Decreto No. 9.450, de 24 de Julho de 2018, art. 5; Lei No. 8.666, de 21 de Junho de 1993, Presidency of the Republic website.)