Late modernization CRCC - Partner 5 António Pedro Dores Nicosia, July 2009

Semi-peripheric penal system Portugal become democratic Republic in 1910 and stay a dictatorship from 1926 till 1974 The 1rst Republic developed a modern Law school tradition, destroyed in the 40´s From the 70´s on, the people on the head of the judiciary system has been educated by the anti-modern judicial agenda Legal system becomes a resistance to modern legality order (including market)

Culture of social control No liberal and rational though tradition exist in Portugal, neither political or juridical Ressocialization penal aims remains on the penal law modern doctrine, produced by few modernizers, without use Since the 1974 revolution till virtually no political discussion about penal policy ( penitentiary system runned without specialists - Garland )

Actual penal policy The abolitionist like 2008 penal law addresses the need of a long term reorganization of the penal system ( new penitentiary buildings, new professional penal practices ) in a country with a growing criminality problem This political approach has been done without the contribution of (eventually against) the judicial community – that opposes ( the government and ) the “softness” of the new law

Prison Risk and Criminality Rate

Double face of penal policy Develop from zero alternative to prison penal system ( electronic bracelet and work to the community ) Control professional violent practices inside prison Develop from zero ( since 2001 ) a max security system without Parliament support

Silence policy Lake of political control over the prison system ( big new prison policy ) Lake of administrative skills inside prison system ( bucket toilet or educators or information system ) Health care problems ( mental health and drug addicts ) Political uneasy position, given the “war” between judicial and political personnel No University position on the subject

Window of opportunity Autonomy and professionalism opportunity for ressocialization system Coordinators concerned with definition of recidivism and policy operationalization ( knowledge, criteria, assessment, coordination prison and social security ) Social workers feel striked by the information of skin-head guard recruitment ( more education and partners on shearing information )

Cost-benefice controversies Employment ( and information ) vs paternalism Drug addict and mental cases Magistrate position (believers or not on ressocialization work) Professional assessment and prestige Knowledge about national reality Non imputable persons New professional relations with prison staff

Cost-benefice controversies Freedom to move inside prison Assessment criteria ( quantity of reports or quality of response to policy needs, such as separate youngsters?) Specialization vs polyvalence ( big or small prisons ) What to do with mental hill people? Empowerment of coordinators ( 20 years old cars ) Silence policy to avoid political-profession- al problems in the court or in the media

Actual bettering situations Two individual rehabilitation process Technical autonomy of prison educators End of drug panic Informal information exchanges Downsize number of inmate Penal alternatives to prison Stability of conditional freedom

Public opinion Ressocialization help should come from family and friends The State & the labor market have a role The State should not take responsibility to get work opportunities to condemn people

Drug policies becomes a prison problem Two approaches: prohibitionist and preventive 80´s repression caused by inability of administration in the sea and in shore Till 2000 it has been a administration problem ( Eduardo Cortesão: abstentionist initiative, 3% success, community vs soft prison, out of therapeutic control )

Drug related crime 21% of drug related crime in official statistics become inacceptable: 50% is discovered by a “independent” study Introduction of preventive approach becomes politically controversial and inefficient ( zero inmate users of support health care service to injections ) Decriminalization of drug use shorten prison population

Drug addict management It becomes clear it would be impossible to manage prisons without drugs ( both illicit or/and psychotropic administrated by the staff, often without criteria ) There are available abstention program ( ”Alas Livres de drogas” used by 340 inmates ) and 570 pharmacological programs ( mostly methadone ) over inmate

The end CRCC - Partner 5 António Pedro Dores Nicosia, July 2009