Is it convenient to privatize prisons?

Abstract

The article examines the convenience of prison privatization, presenting the arguments in favor (insufficient vacancies, lower costs, effectiveness in resocialization, the APAC example) and against (non-delegation of security and justice functions, subordination of resocialization to profit, risk of private revenge). The methodology is dialectical, with opposition of theses and grounded refutation. The author concludes that strict privatization is not convenient, since security and justice functions are non-delegable to the State; the private company, driven by profit, cannot have the resocialization of the prisoner as its purpose; and privatization would favor the resurgence of private revenge, by breaking the neutrality and impartiality that should govern penal execution. Refuting the favorable arguments, he argues that the lower cost is debatable, effectiveness has not been verified in North American practice, the prison problem stems from social disinterest, the success of APAC lacks reliable data, and the distinction between criminal and prisoner prevents denying the latter the humane treatment constitutionally assured.