Prison Officer under the Law of Abuse of Authority

Legal Risks, Operational Dilemmas, and Institutional Protection Strategies

Abstract

This article examines the legal, institutional, and operational impacts of Law No. 13,869/2019 on the performance of penal officers in Brazil, focusing on the risks of functional accountability and the challenges faced in prison routines. The objective is to identify the main legal vulnerabilities affecting penal officers, evaluate the institutional strategies for risk mitigation, and propose solutions that reconcile legality, operational efficiency, and the protection of fundamental rights. A qualitative, exploratory approach is adopted, based on bibliographic and documentary research supported by official data, institutional reports, and specialized literature. The results show that the new legislation has increased legal and institutional risks, directly affecting the functional security and operational performance of officers. The study also identifies the strategic use of the law by criminal organizations and the growing judicialization of administrative practices. The analysis highlights the urgent need for permanent legal support, clear operational protocols, psychosocial assistance, and public policies to valorize the penal police profession. It concludes that, in light of structural and normative vulnerabilities, it is essential to establish an institutional prevention policy aimed at protecting functional integrity, ensuring prison governance, and preserving the legitimacy of state authority.