Brazilian prisons in times of mass incarceration: Ambivalent transformations

Abstract

Most of the scholarship on the ‘punitive turn’ has claimed that there have been two main trends in punishment since the 1970s: the rise of incarceration rates (quantitative dimension) and the worsening of prison conditions (qualitative dimension). Scholars argue that, in parallel with the rise of mass incarceration, there has been a fall of the rehabilitative ideal. In this view, prisons in core countries have basically operated as a warehouse, working towards neutralisation and incapacitation. Both trends are also viewed as reflecting a global convergence of penal policies. The analysis of the Brazilian case challenges this supposed universality. Drawing on official prison data, reports from non-governmental organisations, and secondary data, I argue that mass incarceration has not been accompanied by the same qualitative changes to prisons in ‘Western countries’ and Brazil. First, features of the so-called warehouse prison, such as low levels of prison activities, have always been present in Brazilian prisons, and are not an effect of mass incarceration. Furthermore, the consequences of mass incarceration in Brazilian prisons have, in fact, been ambivalent and, in some cases, may have alleviated inmates’ suffering, rather than intensifying experiences of confinement. Finally, instead of neutralising and controlling criminals, Brazilian prisons under mass incarceration have contributed to the emergence, empowerment, recruitment and organisation of gangs, whose powers now transcend the physical barriers of prison walls.