Mandela Rules: The Problems of the Brazilian Prison System
Understand the challenges of the prison system in Brazil and how the principles outlined by the UN can guide reforms based on human rights
Estátua de Nelson Mandela nos Jardins do Union Buildings, em Pretória, África do Sul.
(Foto de Frank Fell / Robert Harding RF / robertharding via AFP)
The Brazilian prison system is facing a deep and multifaceted crisis, marked by mass incarceration, inhumane conditions and other systematic human rights violations.
In general, Brazil does not comply with established international guidelines on the subject, such as the Mandela Rules, which are a set of international standards adopted by the UN to ensure humane and dignified treatment for incarcerated individuals.
Originating from the experience of Nelson Mandela, who spent 27 years in prison during apartheid in South Africa, these rules were created to ensure that incarcerated individuals are treated with respect towards their dignity and fundamental rights.
Therefore, principles established in the Mandela Rules are aligned with the fundamental guarantees of citizens set out in the Brazilian Federal Constitution of 1988. They serve as a guide for countries seeking to reform their prison systems, promoting conditions that not only punish, but also offer opportunities for rehabilitation and resocialization.
Learn about some of the main rules contrasted to the reality of Brazilian prisons.
Rule No. 1
All incarcerated individuals must be treated with the respect inherent to the worth and dignity of human beings. No incarcerated individual shall be subjected to torture or other punishment or to cruel, inhuman or degrading treatment and shall be protected from such acts, which shall not be justifiable under any circumstances. The safety of incarcerated individuals, prison staff, service providers and visitors must be ensured at all times.
Reality in Brazil
Torture and cruel treatment are commonplace in Brazilian prisons. There are frequent reports of physical and psychological violence and medical neglect. Overcrowding and the absence of adequate infrastructure exacerbate these inhumane conditions.
In Minas Gerais, around 775 complaints of torture and ill-treatment were registered in 2023 in the state’s 43 prisons, an increase of 21% compared to 2022, according to the annual activity report of the State Council for the Defense of Human Rights of Minas Gerais (Conedh, in the Brazilian Portuguese acronym).
Rule No. 2
These Rules must be enforced impartially. There shall be no discrimination on grounds of race, color, sex, language, religion, political opinion or otherwise, national or social origin, social stratus, place of birth or other elements. The religious beliefs and moral precepts of the group to which the incarcerated individual belongs must be respected.
In order for the principle of non-discrimination to be put into practice, prison administrations must take into account the individual needs of incarcerated individuals, particularly those in a more vulnerable situation. Measures taken to protect and uphold the rights of incarcerated individuals with special needs shall not be considered discriminatory.
Reality in Brazil
Black people represent the majority of the prison population. In addition to facing disproportionate incarceration, the discrepancy in treatment and conviction rates between black and white people reflects the structural inequalities present in the Brazilian justice system.
A survey by Insper’s Center for Racial Studies showed that, in São Paulo alone, 31,000 brown and black people were classified as drug traffickers in situations similar to those in which white people were treated as drug users.
Rule No. 11
Different categories of incarcerated individuals must be kept in separate prisons, taking into account their sex, age, criminal record and reasons for detention.
Reality in Brazil
There is no adequate separation between pre-trial detainees and convicts, juveniles and adults, men and women. This mixture worsens violence and hinders resocialization efforts.
Rule No. 12
Cells or places intended for night rest must not be occupied by more than one individual. If the central prison administration must adopt exceptions to this rule for special reasons, such as temporary prison overcrowding, two incarcerated individuals must not be housed in the same cell or place.
Reality in Brazil
Overcrowding is a constant element, with cells designed for a few people housing multiple individuals who, in many cases, sleep on the floor due to lack of space. Today, we face overcrowding in prisons, which hinders the resocialization process and increases corruption and the expansion of gangs. Data from the National Penal Policy Department (Federal Government) indicate that there are currently 649,600 incarcerated individuals and only 482,900 vacancies available in the system.
Rules No. 13 and 24
All premises intended for detainees, especially dormitories, must meet all hygiene and health requirements, taking due account of weather conditions and, in particular, available air capacity, minimum space, lighting, heating and ventilation.
The State is responsible for offering medical services to incarcerated individuals. Incarcerated individuals should be able to enjoy the same standards of health services available to the community and have free access to necessary health services, without discrimination on the grounds of their legal status.
Reality in Brazil
Hygiene conditions are deplorable, with a lack of basic sanitation, inadequate ventilation, and insufficient food. Access to medical services is extremely limited and often neglected. Incarcerated individuals with serious illnesses often do not receive necessary treatment, resulting in preventable deaths. Infectious diseases are common due to unsanitary conditions.
In a study carried out in 2016 and 2017, the Research Group on “Health in Prisons”, run by the National School of Public Health (Ensp/Fiocruz), analyzed the causes of death in the Rio de Janeiro State Penitentiary System and found that “infectious diseases were responsible for 30% of deaths in the prison population, followed by diseases of the circulatory system (22%), external causes (12%) and diseases of the respiratory system (10%)”.
The study also concluded that there is “a significant excess of potentially preventable deaths in prisons, which reflects a significant lack of assistance and exclusion of this population from the Unified Health System”, resulting in a fatality rate due to infectious diseases five times higher than that of the general population.
Rule No. 44
For the appropriate purposes, solitary confinement refers to the confinement of the incarcerated individual for 22 hours or more per day without significant human contact. Prolonged solitary confinement refers to solitary confinement for over 15 consecutive days.
Reality in Brazil
Solitary confinement is used in a punitive manner and for prolonged periods, violating the rights of the incarcerated individuals and exacerbating mental health problems.
Rule No. 60
Entry and search procedures for visitors must not be degrading and must be governed by principles as protective as those outlined in Rules 50 to 52. Strip searches should be avoided and should not be carried out on children.
Reality in Brazil
Searches are often humiliating and invasive, especially for women and children. The hostile environment discourages visits and exacerbates the incarcerated individuals’ disconnection from their families. According to the report “Degrading searches: a constant practice”, the majority of people who visit a relative in prison say they have already undergone an strip search, totaling 77.7% of interviewees. Of this percentage, 97.7% are women. In relation to race, it is clear that this rights violation is much more frequently perpetrated against black and brown people, 69.9% – 15.4% black and 54.5% brown – than against white people, 26.3%.
The presence of children is part of the reality of prison visits. A large proportion of family members (54.1%) stated that their children had already been subjected to degrading searches. From this total, 70.2% report that children had their bodies searched. Another 48.3% stated that the child had to be stripped naked and approximately 10% were forced to cough and/or squat. One of the most severe accusations is that 23.1% of people reported that, when their children underwent these searches, the parents were not given the right to be present.
There is an ongoing trial at the Supreme Court on the unconstitutionality of degrading searches in prisons, which was suspended after Justice Cristiano Zanin requested a review. The Criminal Justice Network, made up of several human rights organizations, including Conectas, highlights that such searches perpetuate cruel institutional violence, particularly against black women. The final decision, now without a set date, could make history by putting an end to this abusive practice.
The crisis in the Brazilian prison system is a reflection of the country’s structural and political failures. The Brazilian Supreme Court’s decision to recognize the unconstitutional state of affairs and demand the creation of an action plan is an important step towards putting an end to these violations.
However, the effective implementation of these reforms requires political strength, adequate resources, and a genuine commitment towards human rights.
The comparison with the Mandela Rules highlights the urgent need for a profound transformation in the Brazilian prison system. Only with a comprehensive and humanitarian approach will it be possible to ensure that prisons fulfill their role of resocialization and respect the human dignity of incarcerated individuals.
