The Sustainability of the Portuguese Prison System: A Criminal Justice System in Masculine Form?

Abstract

Society has undergone an entire evolution in the field of criminal penalties, as people want to avoid, or ideally to extinguish, crime and consequent victimization. However, the human nature would hardly allow such utopian society to prevail. Hence, as individuals, we do have codes and bylaws that govern our society. The number of male prisoners is considerably higher in comparison to female prisoners. The aim of the present research is to analyze the sex inequality in the Portuguese criminal justice system, as well as to discuss the following questions: (i) Are men suffering from unjustifiable discrimination by the criminal system? Or, (ii) are there any physical and psychological differences between both sexes? A quantitative and qualitative approach was used. A legal framework was created regarding penalty enforcement, followed by a review of the literature approaching themes of criminology, victimization, and sex inequality. To enrich and empirically support this research, the statistics provided by the Directorate-General for Justice Policy of the Ministry of Portuguese Justice are presented, and a descriptive analysis on the evolution of the number of inmates in Portuguese prisons and juveniles detained in educational centers, between 2010 and 2019 was performed. Implications of this study are is discussed to highlight mediation in criminal cases as a neutral future.