by Barbosa Morais and Eusébio dos Santos Gervásio
Translated and Reviewed by Matheus Lucas Hebling
The current Mozambican penal system has as one the purposes of penalties for the resocialization of the agent, the regeneration of the convicts, and their social readaptation. The idea presupposes re-socializing former prisoners after the criminal act committed and trivialized, having the penalty as a measure of education to the individual so that he does not commit the fact again. The reintegration of former prisoners is fundamental to achieving what is desired, aiming to reach society so that it can have a broader and deeper vision, learning to see these individuals with different eyes, seeing that with this act it will be able to re-socialize them bringing great changes in the future, including for their benefit. It is worth mentioning that the reality of these individuals is very cruel, and according to the book by Josino (2008, p. 32) the former prisoner carries several people with him, including his wife, so this new opportunity causes significant changes being the last spark of light for him and his family that follows him, having the opportunity to work can help him to recover and maintain his family without the need for a return to the world of crime. In addition to former prisoners continuing with poor qualifications, where most of them did not have quality education, they are without any type of qualification, since the current world is such reasons and complexities for prejudice towards these former practitioners of crime, giving give him a second chance to compose himself and move on with his life, teaching him the value of a new conquest and especially the trust placed in him. Mainly because this reality is difficult to face, since with the attitude of the one you can change the opinion of several other people who were not in agreement with the idea of a new opportunity, bringing a significant change to those who want to change, and opening the eyes of those who prefer to ignore the fact and go without guilt.
The jobs offered to convicts are not capable of producing the objective pursued by the law, which would be the professionalization of former prisoners. This fact is due, in the foreground, to the works being uninteresting, mechanistic and, many of them, outdated. Because it is only sought to occupy the convict’s free time and, in this way, it does not condition him to a healthy return to society and, in the face of this, it ends up contributing to the segregation of the convict. According to Zackseski (2002, p.36-37), there is no interest in teaching inmates, in general, trades that can be of use to them in the free world, there is no effort to stimulate a taste for work, considering the tasks offered. For the inmate to learn a trade during his stay in prison, can save him from getting involved in fights, start being seen with good eyes by prison officials, and most importantly for the inmate, can reduce his sentence time. , through redemption. However, upon being released, the egress should find a society aware that his sentence has already been served and that his condition as a citizen, like everyone else, has been reestablished. But, contrary to what would be expected, the stigma left by the prison environment on the personality of the convict is stronger than the professional qualification” acquired, which, consequently, ends up frustrating their attempts to enter the job market. Wacquant (2011, p.68) mentions that if a job opportunity arises where there is a former prisoner and someone without any criminal conviction, the employer’s choice will inevitably fall on the one who does not have the invisible marks of prison. It has been observed, for example, that many companies, on the occasion of the selection process, oblige their candidates to be employees and to present negative certificates of criminal record, as proof of their suitability.
Work is an element that transforms the reality of any citizen, however, this is enhanced when the egress from the prison system, in the search for social reintegration, finds in work a source of income and financial improvement, and social acceptance. It is noted that the State removes the transgressors of the law from social life through the prison sentence and, after fulfilling their penance, they release them without rehabilitating them or preparing them professionally to face the job market and life in society. Thus, when they are free, they return to their homes and, without any prospect of work, adopt the criminal lifestyle again, repeating a vicious cycle and increasing criminal recidivism rates (Feliciano, 2019).
In the social environment, the State must act in the execution of the relevant laws, work allows this person to have a profession and reduces the chances of recidivism. In addition, working makes it possible to redeem the sentence, that is, to reduce the length of stay of the inmate, and consequently, to reduce the number of prisoners, which reduces State spending in this area and improves the conditions of the inmates.
Corporate social responsibility can be understood as a form of management characterized by an ethical and transparent relationship between the organization and the public with which it is related, establishing business goals compatible with the sustainable development of society, and conserving environmental and cultural resources for future generations. generations, respecting diversity and reducing social inequalities (Cunha and Aires, 2015). Society and companies need to think of work as a factor of social inclusion, even more so when it comes to former prisoners. For these, obtaining a job, in addition to social ones, such as food, housing, clothing, locomotion, etc., raises self-esteem and promotes the dignity of these subjects as a way of recognizing that he is no longer involved with crime, since he earns his livelihood and in a manner approved by society. Finally, the entry of the ex-convict needs to be seen with new eyes. The lack of re-socialization and the lack of support for these people is what contributes to the circle, the non-reception of prisoners and also of those who leave facilitates their entry and exit, which is increasingly frequent from penitentiaries.” (Bonato, 2013). It is then up to the integrated participation of the State and companies, each one realizing its role and thus seeking to improve social conditions.
The time the detainee remains deprived of contact with the outside world can cause irrecoverable damage, and his reintegration into the social world can be even more painful. Post-traumatic stress disorder experienced in a penitentiary can present its harm in later events. Depending on the traumatic degree, he will need psychiatric help to be able to deal with difficulties and prejudices. In addition, former prisoner will also find it difficult to enter the job market, given that most of them were either already unemployed when they entered prison, or if employed, upon returning to civil society, they will find their vacancy occupied. This is because when they leave the jail, they are not given a job prospect, on the contrary, discrimination and rejection are almost inevitable. All this is because family members and society, in general, continue the natural cycle of life, change comes according to the necessary readaptations, such as psychological, cultural, economic, and political developments. For the former prisoner, who was previously imprisoned, this development may not occur, or if it does, it will not be at the same speed as for civil society. The social sciences applied in a given society are subjectivity by nature, and therefore it is driven by the mentality of the subjects that compose it. A solid science cannot be established in this area. Cultural, philosophical, scientific, and economic developments dictate how quickly changes occur.
This article argues that the post-prison life of the defendant, the compromise of the personality of a subject who undergoes the regime applied in jail, the lack of opportunity for a change of life, and even the possible consequences for the psychological and the relationships experienced by the individual inside and outside the institution. The current systems developed within the prisons are not able to achieve their main purpose, which is the re-education and reintegration of the convict, a fact that deserves to be reviewed and outlined. Intercommunication inside and outside the prison is essential, as it seeks to legitimize and guarantee the rights of prisoners. Prejudice about a detainee or ex-prisoner has always existed and it is something that has to be worked on by the government so that changes are taken and that social inclusion is the focus in this tuning fork. Faced with the parsimony experienced by the individual in the prison environment, totally different from the social reality, it is extremely urgent to take measures to avoid the inconvenience caused inside and outside the prison institution.
Bittencourt, Cesar Roberto. The resocializing objective in the view of critical criminology. Courts Magazine. Sao Paulo, a. 79, v. 662, Dec. 2009, p. 250-256.
Bonato, SA Recidivism and the Resocialization of Prisoners in the Brazilian Reality. female Assis, 2013. Available at: https://cepein.femanet.com.br/BDigital/arqTccs/0911300405.pdf. Access: 23 Jun. 2020
Dias, S. The Social Rehabilitation of the Convict Through Work: corporate responsibility in rescuing the dignity of the human person. Marília, 2015. Available at: http://www.unimar.br/pos/trabalhos/arquivos/A55E143C27EBB9AEE188DF634C4F5E42.pd f. Access: June 11, 2020.
Falcon, ALS; Cruz, MVG da. The APAC method – Association of Protection and Assistance to Convicts: Analysis from the perspective of criminal alternative. IV Consad Congress. Brasilia, p. 1-26.
Feliciano, LO The resocialization of the convict from work in Brazil: the role of companies in rescuing the dignity of the human person and society as a second form of punishment. Completion of course work (Bachelor of Law). Vitória Law School, Vitória, 2019.
Foucault, Michel. Truth and Legal Forms . Rio de Janeiro: NAU Editora, 1997.
____. Sayings and Writings IV: Strategy, Power-Knowledge. Rio de Janeiro: University Forensics, 2003.
____. Discipline and Punish . Rio de Janeiro: Editora Vozes, 1997.
Giddens, Anthony (2007), Sociology, Lisbon: Calouste Gulbenkian Foundation
Jozino, Josmar. Married to Crime, 2008. 2 ed. São Paulo: Editora Saraiva, 2008
Lopez Souza, R.; Silveira, AM Egresses from the prison system in the formal job market: a real opportunity for social inclusion? Journal of Public Policies, Federal University of Maranhão, São Luís, v.21, n. 2, p. 761-779, 2017. (CUNHA; AIRES, 2015).
Mozambique, Republic of, Law nº 24/2019, December 23 – Penal Code Revision Law – Approves the Penal Code (2019), Published in the Republic Bulletin, 1st Series – nº 248, of December 24, 2019.
Sartório, EAC The ex-convict’s difficulty in entering the job market. Completion of course work (Bachelor of Law). Toledo University Center, Araçatuba, 2016.
Silva, Antonio Gonçalves da (Patativa do Assaré). Sing there that I sing here. 15th ed. Petrópolis: Voices, 2011.
Thompson, Augustus. Penitentiary issue. 7. ed. Rio de Janeiro: Forensics, 2010.
Wacquant, Loic. The prisons of misery. 3. ed. Rio de Janeiro, Jorge Zahar, 2011.
Zackseski, Cristina. Labor relations in prisons. in. Magazine of the Public Ministry of Labour. no. 23. March 2012. São Paulo: RT.
Barbosa Morais and Eusebio dos Santos Gervásio (2022) "Implications of the Reinsertion of Former Inmates in the Labor Market". Brazilian Research and Studies Blog. ISSN 2701-4924. Vol. 3 Num. 1. available at: https://bras-center.com/implications-of-the-reinsertion-of-former-inmates-in-the-labor-market/, accessed on: June 27, 2022.