Prison Break in the Brazilian Prison System

Legal Status, Limitations, Criminal and Administrative Features

Abstract

Prison break is a legal figure of great interest to the Prison System and even to criminal enforcement. About it, it is necessary to investigate its legal nature, its normative reflexes and what the Legal System allows and orders to the Prison Administration in Brazil for the immediate combat of an eventual prison break from the dependencies of a prison facility. The Brazilian prison system is prolific in providing a variety of prison break attempts, whether singular or mass. Thus, taking the elements that permeate the act of prison break, the characteristics of the specific case may introduce different situations, which give rise to different permissions and legal commands in the struggling against the act of prison break. The boundaries of State action might reach measures against physical integrity, reaching in some extreme situations even the life of those who escape the penitentiary system. The tools available to the State to combat this flaw in criminal enforcements are the other face of the paper, as they also demand the study of the respective legal natures and even limits, when combating the prison break that had just began or is still in development. Therefore, alongside the legal nature of the prison break, it is also an interest of the research to demonstrate the status solution regarding the legal interests that are facing off, in the face of the act of the prison break, and the immediate responses that can be taken by the Prison Administration to stop the prison break.

Keywords: Prison Break. Brazilian Criminal justice system. Brazilian Prison System. Brazilian Criminal Enforcement.