Entre grades: um estudo sobre a efetividade das políticas públicas dirigidas aos apenados LGBTQIA+ no sistema penitenciário baiano

Abstract

This study aims to investigate the following research problem: is there effectiveness of public policies aimed at the LGBTQIA+ community in the penitentiary system in Bahia? To respond to the research problem, it is necessary to understand the circumstances of vulnerability experienced by LGBTQIA+ inmates in the Bahian prison system, to know the legal and specific provisions, as well as public policies aimed at the LGBTQIA+ community, in deprivation of liberty. In addition, we sought to identify possible solutions to the problem, from the perspective of combating violations of the rights of LGBTQIA+ inmates, implying the effectiveness of public policies, with the aim of rescuing citizenship and social integrity. As a general objective, we sought to analyze the situation of the LGBTQIA+ community in the Bahian prison system. To reach this point in the research, this dissertation was based on a look at the historical development of the LGBTQIA+ community, reflecting on the main struggles that were faced by this community. Also, it identified the special conditions of the LGBTQIA+ community inmates in Brazilian prisons and the implementation of the first specific wings for the community. Furthermore, legislative, jurisprudential and doctrinal data on the treatment given to the LGBTQIA+ community in the Brazilian prison system and in comparative law were verified. And, finally, the reality of the LGBTQIA+ community in Bahian prisons was diagnosed, with the aim of investigating the effectiveness or not of public policies for LGBTQIA+ detainees in the State of Bahia. It is noteworthy that interviews were conducted with directors of the main prisons in Bahia and with their respective LGBTQIA+ inmates, as well as with the board of DEPEN. As for the applied methodology, the hypothetical-deductive method was used, with a predominant qualitative approach, which consists of the interpretative analysis of the exposed concepts, correlating them to the phenomenon studied and allowing the evaluation with a focus on new concepts that involve the LGBTQIA+ theme, investigating the dimension of its particularities, including at the national level, notably in view of the scarcity of scientific material on the theme focused on the imprisonment of LGBTQIA+ people. As results, the research pointed to the lack of effectiveness of existing public policies, which are not limited to the creation of specific wards/living spaces, such as periodic training of managers and servants of the prison system; compliance with the guidelines of CNJ resolutions and of DEPEN's technical norms related to the LGBTQIA+ theme; the lack of adequate provision of health treatment, such as hormone therapy, and that the LGBTQIA+ community's prison experience still demands continuity of study and real investment by the State.