There are 77 juvenile rehabilitation units of the Fundação Estadual do Bem-Estar do Menor (Febem) in the state of São Paulo. The system houses 5,700 juveniles, watched over by nearly 9,000 employees. FEBEM has been regularly accused of housing adolescents in sub-human conditions, allowing the practice of torture, and not abiding by Brazil’s Child and Adolescent Statute.
Over the last 20 months, 13 adolescents have died in FEBEM units. Even though the system has been headed up by directors known for their human rights advocacy, FEBEM continues to be plagued by rebellions and accusations of abuse by employees.
“Autopsies show that summary executions have occurred,” says Heloísa Machado de Almeida, lawyer of the human rights organization Conectas. The organisation is taking the system to court and is demanding compensation for victims of abuse.
The Brazilian courts ruled that the system had until November to institute reforms and improved hygiene and sanitation. If it does not do so, the president of FEBEM will have to pay 1,000 Reais per day out of his own pocket.
New regulations
In October, FEBEM announced new internal regulations, with the rights and duties of adolescents in the system clearly defined. The document, which says that the foundation will be open to human rights activists, represents the biggest change in the system, at least on paper, since 1976.
“There were sporadic norms and decisions made, which involved disciplining individual units, but there was no overall regulation,” says state secretary of Justice Alexandre de Moraes. “Many times, the adolescent does not know what his role is or what his rights are,” says Child and Youth public defender Wilson Tafner.
With the adoption of the new regulations, certain rules must be followed, such as calling adolescents by their names. Infractions are classified on a scale from minor to major, with specific punishment for each classification. The harshest punishment is semi-isolation, for no more than five days.
According to Child and Youth Court judge Mônica Paukoski, adolescents with good behaviour who show an interest in cultural and sports activities will receive benefits, such as group outings, weekend visits and letters detailing good conduct to be sent to the Child courts.
“Transparency and normalisation were, for the judiciary, fundamental,” says the judge.
Every three months, FEBEM will evaluate the behaviour of interns. “If he shows that he is ready to return to society, we will send the evaluation to the judiciary. The idea is to shorten their waiting time,” says the state secretary.
Deaths and break-outs
The last FEBEM death was in August, when an 18 year-old was hung. In January, two 17 year-olds were shot. In June of last year, another 17 year-old died of burns.
In 2004, FEBEM registered more than 716 break-outs, with 348 adolescents re-captured. In July, 30 employees at the Raposo Tavares complex in the city of São Paulo were accused of beating interns with sticks and gas canisters. The Public Ministry opened an investigation into the incident, which also received the attention of Amnesty International.
As a result, FEBEM president Marcos Monteiro suspended Raposo Tavares director José Christiano Viana. In addition, the justice system investigated the unit and concluded that the interns had been kept under lock-down – without access to a recreational patio, to the dining room and to bathrooms.
Sources: Istoé, 20/9; O Estado de S. Paulo, 12/8; Folha de S. Paulo – 20/10
