Desigualdad de género en el sistema penitenciario de Bahía y su impacto en la resocialización de las mujeres encarceladas

El propósito de esta investigación fue analizar la posición desigual vivida por las mujeres en el sistema penitenciario de Bahía, Brasil, y el impacto de dicha posición en la resocialización de la prisión. La investigación cualitativa se realizó con base en una revisión bibliográfica actual sobre el tema e incluyó, en el plan concreto de la investigación, el análisis documental de cinco informes de entidades que dan seguimiento al encarcelamiento de personas en el estado de Bahía y el respeto de los derechos humanos en estas cárceles. Los resultados muestran que, de un total de 25 unidades penitenciarias, solo nueve hacen custodia de mujeres y la mayoría de las unidades no tienen las condiciones mínimas para ejercer esta labor. Por lo tanto, el presente artículo destaca que el sistema penitenciario de Bahía no está preparado para recibir mujeres y, cuando lo hace, les da un trato aún peor que el que reciben los hombres, lo que hace imposible la posibilidad de la resocialización de la prisión.


Introduction
This article aims to analyze the unequal position assumed by women in the penitentiary system in Bahia, Brazil, and the impact of this position on the re-socialization of the prison.
In raising the research questions, it has been taken into account that the prison is a total institution, therefore, it is constituted as a sociocultural system that has its rules, norms, procedures, values, punishments, sanctions and beliefs, and the The physical, moral, and intellectual survival of those incarcerated completely depends on their adaptation to this system that was built within a social context of total male domination (Almeda and Di Nella, 2017;Lobo and Vilarrubia, 2017;Santoro, Pereira, and Lara, 2018. ).
It has also been taken into account that the Brazilian law, Federal Law No. 7210/1984(Brazil, 2009) establishes that the purpose of prison sentences is not only to punish inmates, but also to give them conditions so that they can effectively reintegrate into society, that is, re-socialize (Gomes and Silva, 2017); however, in practice, a predominance of the defense of punishment is observed throughout the country to the detriment of the adoption of resocializing policies (Pekny and de Mattos, 2017), which becomes an obstacle to the rehabilitation of imprisoned people.
International literature shows that in prisons where the focus on rehabilitation is greater than punishment, prisoners' relationships with prison workers improve (Lambert, Barton, & Hogan, 2014). Such is the importance of resocialization of the prisoner that Gomes (2016) argues that prison administrators should try to understand the organizational characteristics that favor the rehabilitation of prisoners.
It should be mentioned, in this sense, that Brazilian law understands that it is the function of the State to apply socio-educational political measures to improve the social condition of the individual destined to serve the custodial sentence; therefore, re-socialization is considered as the good use of programs applied to the prisoner through custody, with special emphasis on health, social, educational and labor assistance. (Gomes, 2016;Gomes y Silva, 2017).
Finally, it has been taken into account that the Brazilian law has not yet addressed the gender issues that permeate the prison environment, nor how such relationships can affect the resocialization of the prison; the only legitimate category to differentiate the set of people incarcerated is sexual, since in prison everything is mixed except the sexes (Almeida, 2018;Barbosa de Souza and Zini, 2015).

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The justification for this research points to the need for a more in-depth study of the presence of women in prisons, due to the growing female crime and the ineffectiveness of the current punitive processes of the Brazilian State, which cannot return the prisoner to society.
properly rehabilitated from crime. Regarding the location of the investigation, the Bahia prison system was chosen because the prisons of this entity, according to Gomes (2016), are quite representative of the Brazilian prison system and have the same deficiencies found in those of other states. from the country.
In this context, it is pertinent to interpret female prison from a gender perspective in the Bahia prison system, because, due to the large number of male prisoners, the extremely vulnerable situation of incarcerated women is therefore invisible. The research started with the following problem: to what extent do gender issues in the Bahia prison system affect the re-socialization of prisons?

Methodology
The qualitative research was carried out based on a current bibliographic review on the subject and had as its protagonist, in the specific plan of the research, the documentary analysis. In this sense, according to Ana and Lemos (2018), documentary research has the document as an object of research and can be used as a source of information, indications and clarifications that provide its content to elucidate certain problems and serve as evidence for others, of according to the researcher's interest. Thus, documentary research is characterized by the search for information in documents that have not received any scientific treatment, for example, reports, which allows the production or reworking of knowledge and creating new ways of understanding phenomena, interpreting facts, synthesizing information, determine trends and, as far as possible, make inferences, all of which justifies the use of this type of research to produce new knowledge in social research (Ana and Lemos, 2018;Cascaes and Rosa, 2018;De Andrade, Schmitt, Storck, Piccoli and Ruoff, 2018).
Therefore, document analysis uses, at the same time, the data collection and analysis technique and the research method (De Andrade et al., 2018). In the present study, documentary analysis was used as a technique for data processing, with the aim of transforming the information, in order to make it more understandable and able to correlate with other data from secondary sources.   that monitor issues regarding the incarceration of people in the entity in question and the respect of human rights in these prisons.

Results
Currently Considering the high incarceration rate in Brazil, the number of prisoners is greater than the number of places in prisons, since the average occupation rate in Brazilian prisons is 167% (Boiteux, 2017), a fact that is also a reality in Bahía (Gomes, 2016;Sinspeb, 2018).
Thus, the existence of 25 penitentiary units is still insufficient to satisfy the reality of the state penitentiary system, because the Bay has the fourth largest population in the country, it is the fifth state in size, in terms of territorial extension it is larger than many countries from Europe, like France, for example; In addition, it is the entity that generates more currencies with other states in Brazil (a total of eight currencies): Sergipe, Alagoas, Pernambuco, Piauí, Tocantins, Goiás, Minas Gerais and Espírito Santo, some of which lead the classification of the crime of Brazil (Gomes, 2016).  Even so, since women represent a small portion of the prison population compared to the male population, they are treated with indifference and inferiority and do not enjoy the care provided to men equally, which makes the process of re-socialization even more complex for women (Santoro et al., 2018).

Reality of the women imprisoned in Bahia according to the SEAP report
In addition to this, it should be mentioned that although the prison for women, both in Brazil and in other Latin American countries, clearly expresses and reveals the gender inequalities present in different social spaces, they gain a greater proportion in the prison environment due to the lack of conditions to help the dams (Almeda and Di Nella, 2017); An example is the motherhood of imprisoned women, which becomes a cause of double suffering (Laier, 2016), as pointed out by

Reality of the women incarcerated in Bahia indicated by the report on the visit to the prisons produced by the OAB
The OAB Special Commission on the Penitentiary System and Public Security (2016) mentions in its report that the conditions of the Female Penal Complex in Salvador are evaluated as regular; but the inmates do not have sports activities, the internal work is scarce and the number of prison officers is insufficient.

Reality of the women incarcerated in Bahia indicated by the Dpeba report
Regarding the causes of the arrest of women who arrive at the Female Penal Complex, the report prepared by the Dpeba (2019) states the following: Women represent a total of only 1025 out of a total of 17,793 in the period from In Bahia, as in other states in Brazil, as in other Latin American countries, the arrest of women is a social problem (Darke and Karam, 2017;Lobo and Vilarrubia, 2017;Santoro et al., 2018), a perspective that is corroborated with the data presented by the Dpeba (2019), which shows that the crimes most committed by women are crimes associated with their financial situation, such as crimes against property (mainly theft and robbery) and drug trafficking, mainly by young women seeking financial resources.
In Bahia, especially in the capital, poverty is also associated with racial problems, taking into account that, in the period indicated in the previous appointment, 96.9% of the prisoners were black, a profile that, according to De Andrade and Ferreira (2014)  In this context, the relationship between gender and crime indicated by the specialized literature (Almeida, 2018;Lobo and Vilarrubia, 2017;Santoro et al., 2018) should be mentioned, which shows that women enter criminal activities such as drug trafficking as subordinates to the participation of men in this type of crime. Thus, Almeida (2018) points out that female crime is due to their affective relationships and men are the main motivators for women's entry into crime.

Reality of the women incarcerated in Bahia indicated by the Sinspeb reports
In the interior of Bahia, Sinspeb reports ( In addition, the Sinspeb report produced in 2019 indicates that in the Paulo Afonso Penal Complex, one of the penitentiary units furthest from the capital and one of the most overcrowded in the state of Bahia, the arrested women are in a totally unhealthy ward, There is no mother-child unit, there is no women's infirmary, there is no library and they suffer from a lack of a dentist (at Vol. 9, Núm. 17

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least for a period of more than one year); sometimes they even lack personal hygiene items for them. Many women are already in the semi-open regime and therefore should work outside the prison, but this does not happen, only the men in the semi-open regime have work outside the prison. And with regard to studies, there is only an elementary school, so those who need a secondary school have no way to study (Sinspeb, 2019).
According to Sinspeb reports (2018, 2019), in many of the women's custody prisons there are not enough prison officers, lack of sports activities, lack of medical care and medical examinations, lack of dental care, internal work is scarce, the Physical structure is not healthy and educational activities are limited, aspects that, according to this same source, are an obstacle to resocialization.

Discussion
The data from the five reports analyzed show that the Bahia prison system with regard to female incarceration is quite representative of the Brazilian prison system, since, according to the literature review, both present similar problems: In certain situations, the Brazilian prison system treats women just as it treats men.
This means that the state does not remember that they need toilet paper every time they go to the bathroom, gynecological exams (Pap tests), prenatal exams during pregnancy, and tampons. Many of these women, for example, collect breadcrumbs to use when they are menstruating. The daily fight of these women is for hygiene and dignity. Arrested women are seen as worse than men who commit crimes, since in a still patriarchal and sexist society, conducts are imposed on women that do not contrast with the idea of the feminine nature (Santoro et al., 2018, p. 92).
Similarly, Dos Santos (2018) argues that, although in Brazil there is a National Policy for Attention to Women, which was created trying to modify the reality of the female prison, the data presented each year by the National Survey of Penitentiary Information show that in practice this policy has not been applied effectively at any time in any state in Brazil; because the mentality that women are inserted in a reality different from that of men has not yet been created in society and from the Brazilian Government, and particularly in the Government of the state of Bahia (Sinspeb, 2018), insists on adapt for women what was created for men.

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Therefore, the analysis of these reports together shows that the majority of the women arrived at the penitentiary unit for trafficking and gang formation, although they did not exercise leadership in crime, so the prison directors and officers Prisons do not take the same care with women, in terms of security, that they need to have with men and place them in places that are no longer appropriate for them. It is notable, in this sense, that there is also a differentiation in the treatment given to arrested women and arrested men, because the "fronts", those who give orders in the prison, who when they speak are heard by the management, the agents Prisons, the health team, and everyone in the prison are generally men; On the other hand, a woman only receives the same treatment as men when she is a dangerous prey, generally the one who orders traffic somewhere and plays a role that men play in her pavilion (Zamboni, 2017).
Another aspect that must be considered in relation to the prisons of Bahia is the fact that the majority of their managers are men and officers of the Military Police, whose management model does not focus on people and, according to Gomes (2016) and Sinspeb (2019), give little importance to the resocialization of prisoners and do not respect gender peculiarities.
Along these lines, the reports highlight what Santoro et al. (2018), who maintain that women are assigned the remainder of the male prison system; Thus, prisons that are no longer used to house male criminals are destined for women, also the resources assigned to the penitentiary system are mainly destined for men's prisons and the attention of the administration of penitentiary units is more focused on these.
Furthermore, it cannot be ignored that the omission of the most important Brazilian criminal law (Federal Law No. 7210/1984) in relation to gender, according to Almeida (2018), is cause for concern, because it is not possible to dissociate issues of gender of behaviors and attitudes that occur within the prison (Laier, 2016;Serrano, 2016).
Consequently, due to the omission of the criminal law and the presence of an ineffective national care policy for women, associated with the limitations of the Government of Bahia prison administration regarding incarcerated women, it should be noted that in the system The Bahian penitentiary does not recognize the gender peculiarities of female inmates and, therefore, such women are subject to treatment that further diminishes these characteristics, which affects their resocialization. Furthermore, according to what was found in the reports and discussed in the Vol. 9, Núm. 17 Enero -Junio 2020 literature of the area, there will be no prospect of significant improvements in the current conditions of the women incarcerated in said federative unit while ignoring the gender peculiarities.
Regarding the difficulties of the present study, it must be said that despite the difficulty of finding similar studies on the penitentiary system in Bahia, which implies the scarcity of references and in view of the limitations of the reports, considering that a report can be contested with other reports; In this research, the data on the conditions of deprivation of liberty of women indicated in each analyzed report were complementary to each other and to the bibliographic research, although produced by institutions that sometimes present antagonistic interests such as the State Government and the Union of Prison Workers. Thus, the correlation between the data presented in each report, whose data collection methodology for each report is described in Table 01, should be presented as one of the strengths of this research.

Conclusions
In conclusion, the results presented and discussed in the previous subtitles indicate that the penitentiary system of Bahia, especially in the interior of the state, is not prepared to receive women and, when it does, it treats them even worse than the one that was it gives men, which prevents the possibility of resocialization advocated in Brazilian prison law.
From the investigated reports on the conditions of deprivation of liberty of women in the Bahian penal units, it is possible to say that the majority of the women incarcerated there are black, poor and young, and the crimes most committed are those associated with issues. financial, such as theft, robbery and drug trafficking. These women are placed in penitentiary units that omit gender specificities, as they are the result of improvising spaces previously destined for other purposes. In general, these are very inhumane environments to guard people. Therefore, in most units with women incarcerated in Bahia, the environment is promiscuous and unhealthy, especially for pregnant women.
In addition to the above, in almost all prison units female prisoners do not have sports activities, educational activities are limited, there is a deficiency in the health care of female prisoners, internal work is scarce and the number of prison officers is insufficient; This situation is aggravated by the fact that the majority of the managers of the penitentiary units that make custody Vol. 9, Núm. 17 Enero -Junio 2020 of women are men and officers of the Military Police, whose management model does not concern itself with the re-socialization of the prisoners and does not respect their gender peculiarities.
Therefore, gender issues in the Bahia prison system affect the re-socialization of incarcerated women to the point of making reintegration activities unfeasible, which should be part of the prison routine; an aspect that makes feasible the inference of the scarcity of specific penitentiary policies for women operating in the state.
Regarding the limitations of this study, it should be mentioned that consulting only five documents may not cover many other important aspects that shed light on gender peculiarities in prison. Thus, it should be considered that in some cases the number of documents does not allow inferences; Furthermore, the reports are non-representative samples of the phenomena studied that may not translate the actual information, since they were sometimes not prepared in order to provide data for further investigation; But, although the limitations of this research are recognized, it may serve as a basis for future studies on gender issues in the Bahia prison system.
In this sense, the continuity of this research is recommended using methods that combine qualitative and quantitative approaches such as the collective subject discourse (DSC), which in Brazil is a methodology widely used in doctoral theses and master's dissertations and in research published in scientific journals in the areas of health, education, public safety and the penal system; a technique that condenses in a single speech information obtained from various testimonies, having as a final product a collective opinion that reflects the thoughts, representations, beliefs and values of this group on a given topic, broadening the view of the findings in the reports on the conditions of deprivation of liberty of women in the state of Bahia.