Prison Lethality in São Paulo: The Role of Victims'Families in Managing Custodial Deaths at the State Level

Abstract

This research project seeks to answer the following question: how is the management of deaths in prison custody carried out by authorities in the state of São Paulo, Brazil? Specifically, how do the competent authorities incorporate the participation of the victims' families after the death has been confirmed? In Brazil, the involvement of families of prison lethality victims mainly takes place through appeals to the Judiciary, lacking a systematic approach or established protocol for activating other state agencies. This project aims to investigate, therefore, how the interaction between these families and the authorities responsible for penitentiary policy and custody of persons deprived of liberty at the state level, notably those who are part of the Secretariat of Penitentiary Administration (SAP) in São Paulo, takes place. The methodology designed to answer the research problem is based on empirical legal research that combines: (I) documentary analysis, especially of documents produced by the management bodies of penitentiary policy at the state level; and (II) participant observation and interviews with families of victims of prison lethality and SAP employees. The objective of this project is to provide a significant contribution to the legal field concerning the immediate post-death moment in custody. This involves exploring various factors, such as the classification of deaths, that may impact the nature of reparations and support families are entitled to demand.