Inside Crime and Prison - And Other Studies

In this engaging volume by César Barros Leal, scholars and practitioners can track the development and evolution of criminological thinking in Brazil. Tackling important subjects and narrating the need for change, Leal builds compelling arguments and advocates for updating the traditional ways of thinking about law, crime, and justice.

Sally S. Simpson
Is a Distinguished University Professor of Criminology and Criminal Justice and Director of the Center for the Study of Business Ethics, Regulation & Crime (C-BERC) at the University of Maryland, College Park.

It is a great pleasure to write a foreword to the excellent collection of works Inside Crime and Prison, authored by Professor César Barros

Leal. The honour rests on the relevance and rigour of the book, which analyses crucial social questions from the perspective of a jurist who has dedicated his life to human rights and the study of prison systems. The field of prison law, and the respect for human rights within it,

is the foundation for more just and peaceful societies, thus the relevance of such rigorous work.

The author, Professor Barros, is very well-positioned to address questions relating to the phenomenon of crime, prison, and alternative sentencing, as well as the juvenile justice system in Brazil, among others, given his vast experience as State Attorney, Professor of Law, scholar, and president of the Brazilian Institute of Human Rights, among other relevant roles. The texts presented in the book are connected by the common thread of crime, punishment, restoration and human rights. The book is a rich compilation of in-depth studies and reflections around these themes, presented in different countries across the globe, over a period of three decades, which demonstrate that some themes are incessantly relevant, and globally pertinent. Professor Barros is a global citizen: his knowledge and reference to diverse sources from different legal cultures, coupled with his optimal linguistic abilities make Inside Crime and Prison not only an essential title for all jurists interested in the study of punishment and prisons, but also a fascinating book, beautifully written, for non-jurists. 

The questions of how to respond to crime, how to treat different types of offenders, and how to ensure a fair system, where prisoners’ human rights are respected, represent some of the most complex inquiries on crime and punishment. These questions have stood the test of time. Already in 1997, Professor Barros suggested that “[t]he prison, applauded in the beginning as a humanizing achievement, can no longer remain the main penal sanction. Its decline is irreversible, even in the face of resistance from significant portions of society that demand more severe punishment, mainly those which hinder freedom of movement”. This reflection was as true then as it is today. The present study represents a significant and timely contribution to the debate on how society should respond to criminal behaviour. 

While many countries face similar challenges concerning prisons, juvenile inmates and the protection of human rights within the prison system, the Brazilian case is pivotal from local and comparative perspectives. Inside Crime and Prison provides an in-depth, articulate and 

rigorous study of the Brazilian penitentiary system, human rights of the incarcerated, juvenile justice in Brazil, among others. The work is not, however, confined to issues pertaining to the Brazilian criminal system and penitentiaries. It also addresses broader questions to which the theme of crime and prisons gives rise, including an analysis of the issue of overcrowding in prisons in Latin America, and the interesting question of the Mandela and the Bangkok Rules in light of vulnerable inmates. 

In addition to its rigour and depth, the work presented in Inside Crime and Prison treats difficult questions with tact and diligence. In the chapter Conjugal Visit: a Prisoner’s Right under the Sign of Equality, topics such as sexual assaults, sex trade and conjugal visits in

penitentiaries are analysed from a comparative lens and are treated with the seriousness and humanity that the subject requires. 

The narrative of Inside Crime and Prison is powerful, convincing, because it is eloquently told, from personal observations and reflections, and with an important critical outlook. “Prison has failed”: this book is a testament that there are many crucial questions that must still be asked, debated and dwelt upon concerning crime, punishment, justice and prisons. This book is a significant contribution to such reflections and the quest for a more dignified response to crime, and more humane understandings of prisons and prisoners.

Miriam Cohen
Assistant Professor and Researcher (University of Montreal)

CÉSAR BARROS LEAL

State Attorney of Ceará, Brazil; Retired Professor from the Law School of the Federal University of Ceará; Doctor of Law (UNAM); Recipient of post-doc positions on Latin American Studies at the National Autonomous University of Mexico (College of Political and Social Sciences), on Law at the Federal University of Santa Catarina and on Human Rights at Salamanca University; President of Brazilian Institute of Human Rights; Former Member of the General Assembly and the Board of Directors of Inter-American Institute of Human Rights.