Prisons and Pandemic in São Paulo through the lens of the State Public Defender’s Office

Abstract

This article analyzes the role of the São Paulo State Public Defender’s Office in monitoring prisons before and during the COVID-19 pandemic, based on reports from its Specialized Nucleus for the Prison System (NESC). The Public Defender's Office plays a central role in guaranteeing the rights of persons deprived of liberty in São Paulo, conducting inspections that reveal systematic human rights violations, such as overcrowding, water rationing, insufficient food, and precarious healthcare. Even prior to the pandemic, prison units already exhibited severe structural failures, exacerbated by the low effectiveness of judicial measures. With the onset of COVID-19, a move toward decarceration was expected; however, extreme isolation, the suspension of rights, and the continuity of degrading conditions prevailed. State responses, at both federal and state levels, prioritized hyper-isolation policies, resulting in the intensification of carceral suffering. The analysis demonstrates that the pandemic did not alter the prevailing penal rationality and reinforces the need for institutional strategies that confront mass incarceration and promote human rights for incarcerated individuals.