Caso na UNIS do Espírito Santo está entre os casos questionados pelo organismo internacional.
O Brasil tem até o dia 31 de março para responder à Organização dos Estados Americanos (OEA) 52 questões sobre o sistema prisional e socioeducativo brasileiro. A resolução do organismo internacional foi encaminhada ao governo brasileiro na semana passada e as respostas estão sendo preparadas pelo Ministério da Justiça.
A cobrança do organismo foi feita após uma análise sobre a quantidade de registros de violações de direitos e pede ao Estado brasileiro explicações e soluções para a violência e a superpopulação carcerária no Complexo Penitenciário de Curado, em Pernambuco; no Complexo Penitenciário de Pedrinhas, no Maranhão; no Instituto Penal Plácido de Sá Carvalho, no Rio de Janeiro; e na Unidade de Internação Socioeducativa (UNIS), no Espírito Santo. Esses quatro casos estão em discussão na Corte Interamericana de Direitos Humanos (CIDH) da OEA.
Para os membros do tribunal, trata-se de indício de “um problema estrutural de âmbito nacional do sistema penitenciário”. A Resolução da OEA foi comunicada às entidades de direitos humanos peticionárias das denúncias originais. A Corte informou ainda que vai enviar uma delegação ao Brasil para avaliar a situação dos presídios. Os resultados da visita serão levados à audiência pública que vai ocorrer em maio na sede do órgão, na Costa Rica.
A Corte cobrou do Brasil que adote medidas concretas para a redução da população carcerária e do número de presos provisórios, a prevenção do enfrentamento de facções criminosas nas unidades prisionais, o treinamento no controle não violento de rebeliões e a prevenção da entrada de armas e drogas nas prisões.
“Decisão inédita”
Para a coordenadora da área de violência institucional e segurança pública da organização não governamental (ONG) Justiça Global, a psicóloga Isabel Lima, o reconhecimento da Corte de que há um problema estrutural representa uma vitória dos buscam a garantia dos direitos humanos das pessoas privadas de liberdade no Brasil. “Essa é uma decisão inédita e histórica, porque aponta para o reconhecimento de um problema que é estrutural no Brasil, que fala da incapacidade do Estado brasileiro de garantir condições dignas e reconhece que as condições são desumanas, degradantes e cruéis de maneira geral”, afirmou Isabel.
A Corte começou a determinar medidas provisórias às unidades prisionais do Brasil em 2011, como no caso da Unidade de Internação Socioeducativa, no Espírito Santo. As últimas medidas provisórias a unidades prisionais brasileiras foram emitidas em 2016, no caso Plácido de Sá Carvalho, no Rio de Janeiro. O cumprimento das medidas provisórias emitidas pela OEA é obrigatório para os seus Estados-parte, como é o caso do Brasil.
Para Isabel Lima, as rebeliões que ocorreram em presídios do norte e nordeste do Brasil no início do ano podem ter reforçado as decisões da Corte, mas pesou ainda o histórico de descumprimento das determinações anteriores do organismo. “Algumas dessas medidas provisórias já tramitam há alguns anos. E aí a Corte tem o conhecimento de que o Estado não consegue cumprir as medidas provisórias dos casos, garantir a integridade das pessoas presas e a situação se mostra grave no país todo”, completou.
Notificação ao governo
O Ministério da Justiça e Segurança Pública informou à Agência Brasil que recebeu a resolução da OEA na terça-feira (21) e tem um mês para apresentar as ações que estão sendo desenvolvidas pelo Brasil para apoiar os estados na gestão das penitenciárias.
De acordo com o Ministério, entre essas ações está o repasse de R$ 1,2 bilhão aos estados, em dezembro, para investimento no sistema penitenciário. “O governo brasileiro mudou a forma de repasse de recursos, antes era por meio de convênio, que exigia aprovação de projetos, para a modalidade fundo a fundo que torna mais ágil esse processo”, afirmou o Ministério.
Além disso, segundo o ministério, o Departamento Penitenciário Nacional (Depen) faz vistoria nas penitenciárias e apresenta os relatórios aos governos estaduais.
UNIS – ES
O problema da UNIS no Espírito Santo foi denunciado já em 2009 e tem sido motivo de cobrança da OEA em diversas ocasiões. Em setembro de 2014, a entidade havia condenado a situação dos menores.
“A Corte Interamericana de Direitos Humanos (CIDH), no âmbito da Organização dos Estados Americanos (OEA), renovou as determinações de mudanças urgentes no sistema socioeducativo do Espírito Santo. Em resolução publicada na última sexta-feira (26), com validade até 1º de julho de 2015, a corte alerta que após seis recomendações, desde 2011, “os socioeducandos continuam em situação de risco”, com relatos de “agressão entre internos, uso abusivo de algemas, agressões, ameaças e encarceramento como forma de castigo”, na Unidade de Internação Socioeducativa (Unis).
A denúncia à corte foi feita em 2009, pela organização não governamental Justiça Global e pelo Centro de Defesa de Direitos Humanos do município capixaba de Serra, região da Grande Vitória, após a morte de três internos no local. Desde então, alguns avanços foram implementados, mas, de acordo com a resolução, não foram eficazes em eliminar as graves violações de direitos humanos na Unis.
De acordo com a CDIH, “o relatório apresentado pelo Estado, uma vez contestado com a informação apresentada pelos representantes e pela comissão, não foi suficientemente convincente para demonstrar que as medidas adotadas até o momento tenham adquirido o caráter de permanentes, e que tenham conseguido eliminar a situação de risco contra os internos e as pessoas presentes na Unidade”.
Além de manter as recomendações para que o Estado brasileiro “continue adotando de forma imediata todas as medidas necessárias para erradicar as situações de risco e proteger a vida e a integridade pessoal, psíquica e moral das crianças e adolescentes privados de liberdade” na Unis, a corte determina o envio de relatórios a cada três meses sobre o andamento da questão, além da investigação das denúncias e dos agentes envolvidos.
“O Estado deverá apresentar informação detalhada sobre todas as denúncias apresentadas no referido relatório, ocorridas na Unis, incluindo as medidas adotadas para investigar os funcionários pessoalmente identificados no referido relatório e para proteger os internos que os denunciaram”, diz o texto da resolução.
A coordenadora da Justiça Global, Sandra Carvalho, explica que a ONG monitora a Unis, e constatou que o Estado brasileiro não conseguiu adotar as medidas recomendadas pela CDIH.
“A gente não tem mais uma situação de tanta superlotação, como anteriormente, mas há ainda ocorrência de casos graves de tortura, de uso abusivo de algemas, de castigos. Os garotos não têm atividades pedagógicas, eles ficam muito tempo ociosos, sem acesso a estudos, a cursos profissionalizantes. Há muita incidência de violência entre os socioeducandos, violência de agentes contra os socioeducandos, muitos casos de adolescentes, por causa do confinamento excessivo, casos em que eles se autolesionam. Então, é ainda uma situação extremamente grave”, diz ela.
Sandra Carvalho reconhece que algumas medidas foram tomadas, mas o efeito foi paliativo. “Várias coisas já foram feitas, mas ainda não o suficiente. As medidas adotadas pelo Estado brasileiro não se mostraram efetivas quanto ao caráter de permanência, então muitas medidas paliativas foram adotadas, e não uma política mais estruturante”.
Ela cita, como exemplo, a permanência na Unidade de Internação Provisória de socioeducandos que já tiveram medida de internação aplicada, para não superlotar a Unis. O Instituto de Atendimento Socioeducativo do Espírito Santo informa que apenas a Secretaria de Direitos Humanos SDH) da Presidência da República se pronuncia sobre a questão, já que se trata de medida imposta por corte internacional. Mas o instituto tem mandado regularmente os relatórios para Brasília. A SDH foi procurada para se posicionar a respeito, mas não respondeu até a edição desta matéria.”
Com informações da Agência Brasil
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