External control of the prison system:the role of the Santa Catarina StateCourt of Accounts in addressing the vacancy deficit

Abstract

This article systematizes the role of the Santa Catarina State Court of Accounts (TCE/SC) in addressing the prison vacancy deficit, placing it within the context of the unconstitutional state of affairs recognized by the Brazilian Supreme Court in Claim of Noncompliance with a Fundamental Precept (ADPF) 347. It proceeds from the premise that prison overcrowding is a structural phenomenon whose resolution requires permanent mechanisms of governance, planning, financing, and oversight of public policies. Based on qualitative documentary research, drawing on primary sources–including audit reports, judicial and administrative decisions, surveys, performance audits, and official planning documents–and in dialogue with the specialized literature, the study examines the magnitude, causes, and consequences of the prison vacancy deficit, as well as the constitutional powers of external oversight established in Articles 70 and 71 of the Federal Constitution. The research identifies four main areas of action undertaken by the TCE/SC: (i) continuous oversight of prison policy through the Public Security Thematic Rapporteurship, by means of surveys, follow-up proceedings, and performance audits; (ii) advisory and collaborative initiatives aimed at training public managers in the implementation of the Pena Justa Program resources; (iii) oversight of budgetary and financial execution in the context of the annual review of the Governor’s accounts; and (iv) the promotion of public policies at the municipal level through recommendations concerning the regulation of Article 25, §9, of Law No. 14,133/2021. The study concludes that external oversight transcends its traditional supervisory role by fostering institutional improvement and the governance of prison policy, while promoting greater efficiency, accountability, and effectiveness in the allocation and use of public resources devoted to the prison system.