ORGANIZATION OF AMERICAN STATES

Transcription

1 ORGANIZATION OF AMERICAN STATES INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION FIRST INTER-REGIONAL REGIONAL FORUM OF EU-LAC CITIES: PUBLIC POLICIES IN DRUG TREATMENT April 2 5, 2008 Santo Domingo, Dominican Republic OEA/Ser.L Ser.L/XIV.4 CICAD/EULAC/doc.26/pp08 1 April 2008 Original: English Treatment Alternatives to Incarceration Therapeutic Justice Program in Brazil: Promoting social harm reduction Carmen CóC Freitas, MD, MPH Ricardo Silva, St. Prosecutor GENERAL SECRETARIAT OF THE ORGANIZATION OF AMERICAN STATES, WASHINGTON, D.C

2 EU-LAC DRUG TREATMENT CITY PARTNERSHIP Santo Domingo April 2-5, 2008 Treatment Alternatives to Incarceration Therapeutic Justice Program in Brazil: Promoting social harm reduction Carmen Có Freitas, MD, MPH Ricardo Silva, St. Prosecutor

3 Therapeutic Justice Program Brazil (DTC) How the process took place in Brazil Legal framework Procedures legal and treatment Results Strong and weak points Future plans

4 26 States 8,514,215.3 sq Km ~180 million people

5 The very start Isolated actions by some judges sending for treatment drug abusers who commited minor offenses 1990 Child and Adolescent Statute 1996 Prosecutor State Office started dealing with substance abuse above and beyond repressive aspects

6 1999 The start... NADCP Conference -Florida 2000 Training for 50 Brazilian professionals (USA Embassy) National Association of Therapeutic Justice 2001 NADCP Conference New Orleans Training all over Brazil started

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8 Relevant Data 361,402 prisoners all over the country 306,347 vacancies in prisons 55,055 Among those about 30% are drug related offenses (possession, trafficking, offenses under effect and offenses to get drugs) Ministry of Justice, Dec 2005 Each offender costs about U$ 1,300 /montly/ in jail Alternative punishment costs 5% of that Relapse after jail 60% Relapse after alternative punishment 12% National Secretary of Justice, Jan 2001

9 Therapeutic Justice Program (DTC) - Brazil Legal provisions Children and adolescents Child and Adolescents Statute Art. 101, Art.112, VII protective and socio-educative measures Adults * Antidrugs Law /2006 * Small Claims and Criminal Offenses Act - Art. 76 Federal Law 9.099/1995 * Alternative Punishment 1984 by a modifying the penal code * Drug Law 6368/1976 (substituted by Law /2006)

10 Therapeutic Justice Program (DTC) - Brazil Legal Procedures to apply the TJP (DTC) 2.1 Pre-judgement phase * Transaction a kind of bargain * Procedure suspended 2.2 Judgement phase * Up to 4 years in jail alternative punishement + treatment * More than 4 years in jail punishment + treatment 2.3 Post-judgement phase executing punishment * Probation (Conditional suspense of the punishment) * Parole (Conditional( freedom)

11 Therapeutic Justice Program (DTC) Brazil Who delivers treatment and how? Depends on the State.. Some examples: Pernambuco St. Mato Grosso St. hospitalization Center of TJ within the Judiciary Office Treatment Center outpatient and Rio de Janeiro St. Special program for children and adolescents funded by the Citty Hall Rio Grande do Sul St. and Brasília community health services Partnerships with the For how long? Through the Therapeutic Justice Program (DTC) one year

12 Therapeutic Justice Program (DTC) Brazil Some Results Most programs Rio Grande do Sul St. Juvenil Pilot carried trough results observed only during program reduction in use drugs and offenses enhacement on education, family relationships, health and professional training enhacement on parenting Adults most judges offer treatment as alternative to the criminal trial and incarceration for drug users offenders for each 10 offenders,, 7 used to accept treatment insted of criminal trial 2007 Prosecutors proposed 589 offenders to TJP (DTC)

13 Therapeutic Justice Program (DTC) - Brazil Strong points 1. Strategies used to start working without specific funding 2. Interest demonstrated within Academia Weak points 1. Testing 2. Monitoring 3. Evaluation 4. Health and welfare system Opposition 1. Several harm reduction professionals 2. Advocates of drug decriminalization 3. The current Nacional Council Antidrugs

14 Therapeutic Justice Program (DTC) - Brazil Future Plans 1. To develop a special training for health professionals on specific treatment aspects for DTCs 2. To improve exchange of knowledge and experience with other agencies and countries 3. To improve monitoring and evaluation within the programs 4. To write the Brazilian guideline for a better implementation of the program 5. To develop a stronger community engagement

15 Therapeutic Justice Program (DTC) - Brazil Conclusion A person has three chances to become a functional human being : 1. Family 2. School 3. State Thus, what should we (the community) do for drug users who have commited an offense?

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17 Thank you so much for your attention! J Carmen Có Freitas, MD, MPH Associação Nacional de Justiça Terapêutica -Brasil ccofre@terrra.com.br