Considerations about the obstacles to the offer of productive activities in the brazilian penittentiary system

: Within these discussions, it is common to reflect on the importance of public policies to promote the prevention of this phenomenon. The Brazilian Federal Constitution of 1988 and the Penal Execution Law confirm that education and work also represent effective mechanisms to promote resocialization of inmates and minimize violence. This research aimed to analyze the difficulties faced by companies and penitentiaries to enable access and to increase productive, activities for the prison population. The methodology used was the narrative literature review produced about this subject, specifically in Brazil, in the last five years. The results obtained by the research reveal that several aspects hinder the expansion of productive activities for the prison population. Inside the penitentiaries it is clear the overcrowding, the lack of resources, the inappropriate infrastructure and the neglect of public power in developing policies for resocialization. The private sector also faces complications such as the lack of instruction and professional qualification of inmates, the consequences of world economic crisis, the absence of State incentive destined to companies which offer productive activities in penitentiaries and the reproduction of stigmas and prejudice towards prisoners and former prisoners. It was concluded that the right to have access to work has been denied to most inmates, therefore, the resocialization, used to legitimize the incarceration policy adopted in Brazil, remains restricted to the theoretical plan. Review studies consist of organizing, clarifying and summarizing the main existing works, as well as providing complete citations covering the spectrum of relevant literature in a field. Literature reviews can present a review to provide a historical overview on a topic or subject considering the publications in a field.


INTRODUCTION
In the current Brazilian context, the exercise of productive and educational activities is seen as one of the most important tools capable of enabling the social reintegration of inmates. This is due, mainly, to the fact that Law No. 7.210, of July 11, 1984, which was responsible for establishing the Law of Criminal Enforcement -LEP, in its article 28, establishes that the convict's work should be understood as a social duty and a condition of human dignity, with educational and productive purposes (BRASIL, 1984). Therefore, once the convicts' work is considered by LEP as a social duty, the convicted have the right to access productive activities while serving their prison sentences. Therefore, the State has the duty to invest and encourage labor therapy, having the obligation to provide the convicts with the necessary instruments and means to accomplish this right-duty.
Thus, this research seeks to address the issue of prison labor to answer the following question: What factors have been preventing companies and prisons from offering and expanding productive activities in Brazilian prisons? Having said this, the investigation of the problem is justified, since knowing the challenges to be faced by prisons and companies to expand the supply of labor for the prison population will contribute to the glimpse of new mechanisms and procedures for action necessary to promote and enforce fundamental rights directed to the prison population, especially access to decent work, with educational and productive purposes.
Therefore, this study has the general objective of diagnosing the difficulties faced by companies in the generation and expansion of productive activities in prisons in Brazil. Moreover, the research intends, as specific objectives, to perform a historical review of the institute of prison labor in Brazil; to verify the characteristics present in prisons that hinder the access to productive activities for the prison population; and to diagnose the advantages provided to companies that offer work in prisons.
To this end, a narrative literature review will be conducted, based on the deductive approach method, from Brazilian articles that focus on prison labor in Brazil, published in the last five years.

METHODOLOGY
The strategy adopted in the study of the challenges for the expansion of productive activities to the prison population was based on the literature review, which is considered by methodologists as a process of searching, analyzing, and describing the knowledge produced on a given subject. This procedure is seen for scholars such as Vosgerau and Romanowski (2014, p. 167) as follows: the country adopted the Auburnian penitentiary system, originating from the state of New York, in the United States of America. In the molds of the Auburnian system, prison work was developed during the daytime period, while prisoners remained isolated during the nighttime period.
According to Vieira and Stadtlober (2020, p. 81), the idea that work and the meaning of human life are directly related has been present in Western culture since ancient times, "not only for the organization of labor within the recently boiling industries, but also as a way to discipline a miserable portion of society.
In this sense, in 1833, the first penitentiary on the Latin American continent was built in Brazil, the Casa de Correção do Rio de Janeiro. Inspired by the reformist ideal present in Europe in the eighteenth century, this institution was intended to provide that the execution of the custodial sentence occurred together with the exercise of labor activities by the convicts (VIEIRA; STADTLOBER, 2020). Therefore, the Brazilian prison system aims primarily at the re-education and rehabilitation of people deprived of liberty, so that at the end of the sentence, the individual is able to be reintegrated into society and, consequently, into the labor market (LOPES; GREGORIO; ACCIOLY, 2016).
When analyzing this phenomenon, Matos (2016) points out that prison labor is one of the most important re-socialization programs encouraged by the agencies responsible for penal execution in Brazil, namely, the Ministry of Justice and Public Safety, the State Secretariats of Prison Affairs and the National Council of Justice -CNJ.
Therefore, it is important to emphasize that the right to prison work is guaranteed both by international legislation and by the domestic, constitutional and infra-constitutional legislation. Therefore, it is a guarantee that cannot be annulled due to incarceration, which must be exercised according to the parameters of safety and dignity provided by law. Querino et al. (2017) highlights in their analysis that the LEP plays a fundamental role in the process of social reintegration of the inmate, especially by highlighting the positive impacts that labor therapy can provide for inmates. In addition, LEP highlights the importance of observing the individual's aptitudes and capacities to perform productive activities while serving a prison sentence.
According to the caput of Article 28 of LEP, "the convict's work, as a social duty and a condition of human dignity, will have educational and productive purposes" (BRASIL, 1984). That said, as clarified by convict of a profession after serving the sentence, having legal tools to develop their livelihood when they are free" (QUERINO ET AL., 2017).
However, the reality presents a panorama not very exciting, given that "prisons have become scary places where the number of prisoners is much higher than the number of vacancies, this hinders the rescue of that individual who seeks a way to re-socialize" (LOPES; GREGORIO; ACCIOLY, 2016, p. 49).
Sucede que o sistema penitenciário nacional tem se desenvolvido de maneira chaótica desde seus tempos mais remotos, de modo que, em sua trajetória, desrespeitou tanto as leis pátrias antigas, como permanece contrário às atuais. According to Silva Junior and Bertoncini (2017) the chaotic context of Brazilian prisons has been disregarding legal provisions since the Constitution of 1824, which established in its article 179, item XXI, that jails should be safe, clean and well aired, which did not effectively occur.
Therefore, in view of the historical context in which prison labor has developed, it is important to emphasize that, nowadays, "the incentive to inmates' work, with the active participation of civil society through companies, can offer hope for reducing violence and recidivism" (SILVA JUNIOR; BERTONCINI, 2017, p. 116). Therefore, we now move on to the diagnosis of the difficulties present in the Brazilian prison system that hinder the offer of work to inmates.

Prison Labor: obstacles to its effectiveness
When it comes to the difficulties of the prison system for the generation and expansion of access to productive activities for inmates, many authors point out that there is a shortage of jobs for inmates, given establishments; prison work devoid of qualification, without educational and productive purpose, besides not respecting the aptitude and capacity of each inmate".
In this sense, Silva Junior and Alaniz (2020) emphasize that the work for which prisoners are prepared is that rejected by society, due to low qualification, as well as the intense exploitation to which they are subjected, comparable to slavery systems.
That said, Silva Junior and Bertoncini (2017) also highlight several factors that go beyond overcrowding, such as prejudice and the disqualification for work cultivated throughout the idle fulfillment of the conviction. They also highlight other factors that hinder the development of labor activities in prison, such as lack of structure, poor hygiene conditions, and inadequate food.
In this sense, Vieira and Stadtlober (2020) point out that the precarious conditions found in Brazilian prisons make it difficult for inmates to perform labor activities, as well as imply in the guarantee of the right to health for prison workers.
In light of this, Oliveira (2017) stresses that the legal regulations, in general, determine that prison labor should be organized and exercised based on the same standard of safety and hygiene determined by ordinary legislation for ordinary workers. However,  identifies that the worsening of prison overcrowding interferes directly in the organization and methods of prison labor with the safety and hygiene precautions determined for free workers.
Moreover, given the insufficient number of jobs in Brazilian prisons, Grion and Aquotti (2016) assert that the State cannot effectively guarantee what is proposed by LEP, due to the lack of necessary infrastructure and overcrowding. Given this, the authors point out that, in reality, "the State's disregard for incarcerated individuals is verified, making evident the total lack of interest in social reintegration and, especially, with their resocialization" (GRION; AQUOTTI, 2016, p. 4).
When analyzing the infrastructure problems that hinder the implementation of prison labor, Matos (2018) clarifies that, although 75.07% of prison units claim to have workshops for the exercise of productive activities by inmates, the structure of these workshops is precarious and insufficient for the realization of labor activities. Given the above, Matos (2018) states that approximately 80% of prisoners do not have access to work during their deprivation of freedom due to lack of opportunities.
Besides the difficulties mentioned, Oliveira (2016b) also highlights another. It is about the real motivation of companies to generate activities for this social group. In his perception, the State has difficulty in forming partnerships with the private initiative in order to expand the supply of productive activities for inmates, especially because the private initiative seeks benefits of economic nature, "aiming primarily at profit, and only secondarily, at the social purpose of prison labor" (OLIVEIRA, 2016b, p. 172).
Considerations about the obstacles to the offer of productive activities in the brazilian penittentiary system RIMA, v.4, n.1, 2022, e137.
Given this, to expand access to productive activities by inmates, it is necessary the "structuring of a national prison labor policy, with a view to promoting work inside prison units, involving the public power and also promoting partnerships with private companies" (MATOS, 2018, p. 53).
According to Santos and Vieira (2018), the present scenario in the prison system, marked by prison overcrowding, insalubrity, and disregard for prisoners, ends up making it impossible for productive activities to be offered to people deprived of liberty as part of their social reintegration process.
In view of this, Santos and Vieira (2018) ponder that while the convict has the duty to work, the State has the obligation to offer work inside prison units, in adequate conditions. Based on this, the authors conclude that, although the legislation disciplines the minimum conditions of dignity that must be respected during the criminal execution, many times, due to the State's lack of interest, they are not materialized. Still on the social function of the company, it is verified that it derives not only from a legalnormative command, but also "from an ethical duty of solidarity, requiring from society -and especially from the company -a positive action in order to change the inhuman reality of the prison" (SILVA JUNIOR; BERTONCINI, 2017, p. 131). Therefore, the joint action between government and society is essential for the realization of the rights of people deprived of liberty, since many social problems affect the community as a whole. According to Bertoncini, Lima and Slongo (2019), it is necessary to raise awareness of society, specifically businessmen, regarding the importance of social responsibility for the implementation of the principle of human dignity directed to prisoners. Therefore, Bertoncini, Lima and Slongo (2019) consider that the exercise of social responsibility by companies, a priori, can figure as an apt instrument to reduce the crisis involving public safety in Brazil.
However, they point out that the goodwill of the private initiative to exercise social responsibility directed to the penitentiary sphere is not common. Therefore, it is up to the Public Power to act to modify this reality.

Obstacles to the effective participation of companies in offering and expanding prison labor
There are difficulties that are experienced specifically by companies and that end up hindering the performance of such entities in offering work to inmates.
According to Matos (2016, p. 131), the private initiative "is reluctant to explore prison labor through the agreements provided by law, since they do not find the ideal environment in prisons." In addition, the author highlights that companies also reproduce prejudices and stigmas directed at the incarcerated worker According to Matos (2018), one of the main instruments of active policy to promote prison labor is the establishment of partnerships with the private sector (companies and non-profit institutions) to offer work to the prison population. However, the author identifies that in the current economic environment, characterized by recession and reduction of jobs in the labor market, attracting private companies with a view to expanding the supply of prison labor becomes an even greater challenge. Matos (2018) also highlights that it is the State's duty to provide incentives for private companies to act as partners in offering productive activities for people deprived of liberty. This recognition of the need for tax incentives is evidenced by the existence of Bills, presented in the House of Representatives, which propose the creation of tax incentives and economic subsidies to companies that absorb prison labor.
However, according to Matos (2018), it is unlikely that bills addressing the topic will prosper, given the economic environment found in Brazil, affected by a fiscal crisis, which makes it difficult for incentives Considerations about the obstacles to the offer of productive activities in the brazilian penittentiary system RIMA, v.4, n.1, 2022, e137. based on tax benefits and economic subsidies to be implemented, discouraging the private initiative in the prison field.
Moreover, Niño Ardila (2019) notes the importance and permanent need for the articulation of partnerships between the public sector, third sector organizations, and the private sector. In this sense, Niño Ardila (2019) points out that through a broad network of partnerships, it would be possible to ensure access to work and professionalization to the prison population, since such rights cannot be met and guaranteed only by a particular public policy. Despite the difficulties highlighted by different researchers regarding the role of the private initiative in offering work in prison, there is, on the other hand, data that points out the numerous benefits resulting from this participation.

Beneficial repercussions for companies that hire prison labor
When it comes to the beneficial repercussions for companies that make productive activities available to inmates, Bertoncini, Lima and Slongo (2019) point out that, traditionally, prison labor is seen from two basic perspectives. First, it is worth mentioning the low cost involved in hiring people deprived of liberty, which stems from the payment of low wages, the impossibility of strikes and the lack of expenses with facilities in the event that the work is developed intramurally.
Secondly, we highlight the philanthropy that involves the employment of this class of workers, so that companies begin to receive financial incentives to operate in the prison environment, which adds a good social image for such entities (BERTONCINI; LIMA; SLONGO, 2019). Therefore, when analyzing the issue, it is identified that some authors claim that the celetal marginalization of the prisoner's work, provided for in article 28 of LEP, is beneficial for companies, in According to articles 28, § 2 and 29 of the Law of Criminal Enforcement -LEP, in addition to the remuneration of less than a minimum wage, the one who employs a person deprived of liberty is exempted from paying certain labor costs, so that hiring inmates becomes less costly and more profitable for entrepreneurs (BRASIL, 1984). Safety, which is currently in its second cycle of granting.
According to Bertoncini, Lima and Slongo (2019), the goal of the RESGATA Seal is to give recognition to companies that act with social responsibility and employ individuals imprisoned and former inmates of the Prison System, in order to increase the real expectation of social reintegration of such subjects. In this sense, for Vieira and Stadtlober (2020, p. 82) the granting of the RESGATA Seal represents "a strategy to encourage and give visibility to organizations that collaborate with the reintegration of these people to the labor market and society.
This recognition from the community and the consequent visibility of companies that act demonstrating a concern for social problems represents an efficient strategy that can collaborate with the generation of productive activities, especially in a context marked by the inefficiency of the State in guaranteeing the rights of the prison population.
In addition, Bertoncini, Lima, and Slongo (2019) consider that the participation of private initiative in the development of programs aimed at the generation and expansion of productive activities in prison, brings greater visibility for the company before consumers. At the same time, the company is favored with the reduction of costs spent on labor and facilities and the reduction of crime.
Considerations about the obstacles to the offer of productive activities in the brazilian penittentiary system RIMA, v.4, n.1, 2022, e137. Therefore, when addressing the function of work in prisons as a resocializing tool and the importance of private initiative with social responsibility, Bertoncini, Lima and Slongo (2019, p. 14) conclude that "the idea of humanization of prisons can get out of the theory by offering job openings, being fully possible the conjunction of apparently so disparate interests". Given the above, on a pragmatic level, it is necessary that effective mechanisms are adopted, with an impact on crime reduction, which due to the nature of economic activity, are in the hands of private initiative. Thus, the generation of employment and income represents the appropriate tool for the reduction of recidivism and crime in Brazil, on the path to the construction of a society based on the values of justice, freedom, solidarity and fraternity (BERTONCINI; LIMA; SLONGO, 2019).

CONCLUSIONS
The present article aimed to investigate the difficulties faced by the Brazilian prison system and the private sector in expanding the supply of productive activities for the prison population. To this end, a narrative literature review was conducted based on the qualitative analysis of scientific articles published between the years 2016 and 2020.
Initially, a historical review was conducted about the institute of prison labor in Brazil. Thus, it was identified that prison labor was conceived in the Constitution of 1824 in order to avoid the idle compliance of the prison sentence. Through the evolution of Brazilian legislation, it is clear that, currently, the institute of prison labor has been developed to achieve innovative goals, such as the re-socialization of inmates.
About the obstacles faced by the Brazilian prison system for the development of actions aimed at the promotion of prison labor, it can be concluded that overcrowding, the precarious infrastructure of prisons, the negligence of the State with re-socialization programs and the lack of public resources are among the main reasons that prevent the realization of the right to work with educational and productive purposes for the inmates. On the other hand, regarding the difficulties faced specifically by companies, the following were identified: the absence of the necessary infrastructure; the reproduction of stigmas and prejudices directed to the prison population; the current economic scenario in Brazil; the lack of instruction and professional qualification of prison labor and; the insufficiency of state incentives for the participation of companies in this area.
Moreover, regarding the beneficial repercussions for the private sector when employing prison labor, it was identified the reduction of production costs, a greater visibility for companies through the concession of the RESGATA Seal, the access to state benefits and the decrease of violence rates and criminal recidivism.
Based on this study, it can be considered that the realization of the right to decent work in the prison environment benefits society as a whole. For the convicts, access to work can contribute to their resocialization process, remission of sentence and qualification, and can also enable access to the necessary means of subsistence for their dependents. Companies, on the other hand, also benefit through state incentives and a greater appreciation in the contexts where they operate. Therefore, this study has shown that the State alone is unable to change the reality of the Prison System in the current context. For this reason, the action of private initiative and society to achieve the resocialization of prisoners is essential. In this sense, it is necessary the awareness of the whole civil society as to the importance of social responsibility for the implementation of the principle of human dignity directed to prisoners, aiming to build a society based on the values of justice, freedom, solidarity and fraternity.