PARTICIPANTSʼPAPERS
TREATMENT OF FEMALE OFFENDERS
Leandro Zaccaro Garcia

I. FEMALE OFFENDERS IN THE CORRECTIONAL SYSTEM
The treatment of female offenders in the correctional system has not received much attention
because of their small population in comparison with male offenders. However, the population offemale offenders is on the rise in many countries recently,especially in Brazil,which has increased theneed for effective policies of treatment of women prisoners.
Due to their biological and psychological differences,female offenders require special considerationand different treatment while inmates in the correctional system.The United Nations is aware of suchdemand and issued,in December 2010,the United Nations Rules for the Treatment ofWomen Prisoners
and Non-custodial M easures for Women Offenders (the Bangkok Rules).
A. The Brazilian Correctional System
The Brazilian prison system has a total population of 549,577 inmates,of which 513,538 are men and36,039 are women. The population is divided into 1,420 penitentiary units nationwide. Each state isresponsible for the maintenance of its units, and only 4 units are under the control of the federalgovernment, and that only accepts male prisoners.
B. Women Offender Status in Brazil
Brazil currently has 36,039 women prisoners in state units located in 27 states of Brazil. These
women are in prisons,agricultural and industrial colonies,public chains,custodyhospitals for psychiatric treatment and sheltered houses, varying according to the prison sentence.
The regime and the place of imprisonment vary according to the numbers below:
State Penitentiary System (Public Chains)― Preventive custody:12,986 women offenders.
State Penitentiary System (Prisons)― Closed regime:16,229 women offenders.
State Penitentiary System (Agricultural and Industrial Colonies) ― Semi-open regime:4,716
women offenders.
State Penitentiary System (Sheltered Houses)― Open Regime:1,605 women offenders.
Custody Hospitals for Psychiatric Treatment:503 women offenders.
It is necessary to emphasize that in the Brazilian prison system there are only 21,936 vacancies
available to women.Given the current population of 36,039 women inmates,we conclude that there isa deficit of 14,103 places, creating a picture of overcrowding in prisons.
According to the Penitentiary Information System (INFOPEN),female inmates are divided according to the following characteristics:

National Penitentiary Department, M inistry of Justice, Brazil.

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1. Age:18 to 24 years old:10,030
25 to 29 years old:8,382
30 to 34 years old:7,295
35 to 45 years old:6,742
46 to 60 years old:2,728＋60 years old:294
Not reported:568
2. Skin color /Ethnicity:
White:13,113
Black/M ixed:21,600
Asian:105
Indigenous:55
Other:1,166
3. Schooling:
Illiterate:2,382
Literate:4,486
Elementary School Incomplete:16,584
Elementary Complete:3,294
High School Incomplete:4,433
High School Complete:3,312
Higher Education Incomplete:496
Higher Education Complete:212
Post Graduation:20
Not reported:820
4. Type of crime:
Crimes against persons:3,792
Crimes against property:9,697
Sex crimes:261

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Crimes against public peace:372
Narcotics:20,178
Firearms:466
Other:1,273
Based on the data above, we can see that in Brazil the majority of women prisoners are young,between the ages 18 and 29 years old, are black/mixed, have incomplete elementary school, andcommitted the crime of drug trafficking, which leads to the conclusion that social exclusion and theentry into criminal practice are associated factors.
It is necessary to highlight that according to studies conducted by the M inistry of Justice, mostwomen became involved in drug trafficking due to their companions (husbands or boyfriends) or as“mules”for transport.

II. WOMEN INCARCERATION POLICYThe President, Dilma Rousseff, has shown particular concern for female incarceration, both interms of prison overcrowding and the quality of the treatment, given the specificities of women.
Accordingly, to address the deficit in Brazilian prison capacity, the Federal Executive created theNational Program of Prison System Support,which was regulated byOrdinance No.522,November 22,
2011. The programme has the following goals: eliminating the deficit in prison capacity in female
prisons and reducing the number of prisoners in police stations and transferring them to prisons withskilled physical structures (including correctional personnel) for the faithful compliance of relevant
laws. Consequently, the programme will generate jobs by constructing and staffing new prison units
to house female offenders. To meet the programmeʼs goals, there was an authorization of financial
support in the order of R$ 1.1 billion reais by the year 2014.
Therefore, with the implementation of the programme, the projection is to eliminate the deficit inprison capacity in female prisons and significantly minimize the ratio of prisoners per vacancy by theend of 2014, resulting in an increase of over 48,000 (forty-eight thousand)new jobs in the State prison
systems and in the Federal District.
In addition to the actions of the National Plan of Prison System Support, which will have federal
resources and state counterparts, the Master Plan of the Penitentiary System also will induce anincrease in the number of jobs, strictly following the plans and schedules established by the states.
These new jobs will follow the specifications of Resolution no 09/2011 of the National Council of
Criminal and Penitentiary Policy (CNPCP ― Conselho Nacional de Polıtica Criminal e Penitenciaria),
which provides for nursery units designed to attend to arrested and imprisoned pregnant women andtheir sons and daughters, considering the specific needs of the public in this condition. The structure
for children up to two years old includes nursery spaces for children between two and seven years oldand spaces that enable early childhood education, called creches. In penal units with a capacity of up
to 500 inmates,these spaces should be provided for a minimum of 20 children and,in the case of units
with more than 500 vacancies, should provide 5% of total vacancies. This module will have quick
access to the Health M odule.Another specific provision is the Beauty Module,located in the Multipurpose Module, and the dimensioning of toilets in greater proportion, considering the needs of women.
Both male and female units are planned with Education Modules, Health Modules, Service Modules,
and other necessary assistance to the prisoners and their visitors.
Still, the National Health Program for the Penitentiary System (PNSSP ― Programa Nacional de
Saude no Sistema Penitenciario)provides health care for mothers and children, and the referred units
for pregnant women, nursing mothers and their children to be covered by health care activities.
Accordingly, the units currently enabled, with 260 teams registered, have the ability to attend to amaximum of 7,500 (seven thousand five hundred) women under custody and to provide guidance in121

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primary care for first time mothers, including those in the official care network. The M inistry ofJustice has been working on two strategies:
equipping units for maternity and child care, ensuring 100% coverage by 2012 in all stateseffective inclusion of this population in the Stork Program Network (Programa Cegonha),fromthe M inistry of Health, ensuring access to 100% of pregnant women, nursing mothers andchildren up to 2 years of age
The question about female gender is one of the primary goals of the Master Plan ofthe Penitentiary
System. Furthermore, in 2011 the National Penitentiary Department (DEPEN ) released the Effective
Rights Project for Women in the Penitentiary System, which aims to develop policies especially forfemales, including pregnant womenʼs specific needs.
In 2009, by virtue of Law No. 11,942, there was a change in the Brazilian Penal Execution Law,
improving the focus on the particularities of the arrested women. In this case it is important tounderstand that several aspects were omitted by the previous law, especially in relation to childprotection,like:spaces for medical monitoring of women,especiallyduring pregnancyand post-partumand newborn care;nurseries where imprisoned mothers could take care of their children,even breastfeed them for at least six (6)months;a section for pregnant and labouring women and for providing
daycare to children older than six (6)months and less than seven (7)years, in order to assist helplesschildren whose guardians are arrested, with special care by qualified personnel in accordance withguidelines adopted by educational laws.
During the same period, Resolution 04/2009 CNPCP (Conselho Nacional de Polıtica Criminal ePenitenciaria)was issued,which provides rules for the custody and care of the children of incarcerated
women,considering the environment of human development,providing enough adequate space to allow
healthy child development and a quality relationship between mother and child; continuity of thematernal bond,which should be considered as a priority in all situations;breastfeeding,understood as
an act of psychological and physical impact,should be treated as a priority,because it depends on thehealth of the motherʼs body and the mental health of the child.
M ost state prisons have no physical structure suitable to child care.In many cases the children stayin the cell next to their mother during the execution of the sentence.Although some states have spaces
for nurseries/mother and child care,there is no national regulation of such structures.This reality will
be modified after the implementation of Resolution no 04/2009 CNPCP and no 09/2011, which obliges
the installation of nurseries and child care units in all female state prisons.
Another initiative in regard to the issues of female incarceration was the creation of a Special
Commission,linked to the Penitentiary Politics Office of the National Penitentiary,which is tasked todevelop proposals and actions to the Strategic Project of the Ministry of Justice: Enforcement ofWomenʼ
s Rights in the Penitentiary System.In conjunction with the Interministerial Group (Ministriesof Justice,Health and Social Development)formed for the development of integrated policies aimed atincarcerated women, the agenda will work specially with child care as a priority.
A. State Government Policies
Implementation of public policies and presentation of projects recommended for the funding bids
available. The Federal Government provides funds to the states through the National Penitentiary
Fund (FUNPEN), by signing agreements, and states are responsible for the construction of the units
and the implementation of policies targeting female offenders.
B. Challenges
Expanding coverage of assistance and health modules to 100% of the female incarcerated population and integrating with the Stork Program Network, SUS (Public Health System)and their regional
health care networks.

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C. Possible Solutions
Investment in seventeen (17)States not yet covered by maternal and infant modules (solution to beeffective in 2012 and 2013);integration of local care networks into the Stork Program Network throughan agreement between the M inistry of Justice and Ministry of Health,to take effect between 2012 and2013.

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