THE NEED FOR LEGAL STANDARDIZATION OF RELIGIOUS ASSISTANCE IN PENITENTIARY ESTABLISHMENTS

Abstract

The indispensability of standardizing religious assistance in penal enforcement is evident given the clear lack of general guidelines from the federal government, as well as the discrepancies in state regulations, which threaten the religious freedom of inmates. Furthermore, Resolution No. 8, dated November 9, 2011, established by the National Council of Criminal and Penitentiary Policy (CNPCP), has proven insufficient to resolve state regulatory conflicts. Additionally, the aforementioned council, in its most recent resolution dated April 29, 2024, has provoked strong reactions from the Evangelical and Catholic caucuses within the Federal Chamber, as it recommended prohibiting religious conversion of inmates in order to “ensure religious freedom” within prisons. The measure, published in the Official Gazette of the Union (DOU), also prohibits the collection of financial contributions from prisoners to churches. Thus, there is a clear need and urgency for the Union to establish effective general guidelines, which states should supplement without contradiction to any potential national legislation. In view of this, the present work seeks to provoke a necessary and inevitable reflection on the role of religious institutions, the State, and civil society in promoting the human dignity and resocialization of individuals deprived of freedom. Additionally, it highlights the essential need for cooperation among these actors to ensure the full exercise of inmates' fundamental rights, including the right to freedom of worship and religious expression. Finally, the study sought to identify existing normative conflicts and the need for legislative harmonization as a potential solution.