13/10/2016 09h41 - Updated 13/10/2016 09h41

Fearing government wants stricter rules to release prisoners

Today it is necessary that the prisoner meets at least 1/6 the time of conviction and the idea is to increase this minimum for half the sentence.
Photo: reproduction
Photo: reproduction

Government Michel Temer wants to increase the penalty fulfillment time in closed regime convicted of active and passive corruption and crimes committed with violence or pose serious threat.

The Ministry of Justice prepares proposal to amend the Criminal Execution Act to toughen the progression pen. Today, to be a change in the prison regime, it is necessary that the prisoner meets at least 1/6 the conviction time. The idea is to increase this minimum for half the sentence.

With the change, for example, the time required for progression sentence for a conviction of 5 years and 4 months for aggravated robbery with firearm use would increase from 11 months 2 years and 7 months. In the case of active corruption, the system of progression for a penalty 4 years and 1 month happen from 2 years, and no more than 8 months as is currently.

The government intends to discuss the initiative later this month with Senate presidents, Renan Calheiros (PMDB-AL), and the House, Rodrigo Maia (DEM-RJ), and send it to Congress by the end of November. The amendment aims to end what the government calls “distortions in the line of closed regime”.

The criticism is that the current pen progression rules make convicted of crimes considered less serious, as larceny and simple theft, remain in prison for a period similar to that of convicted of more severe offenses.

With the change, the expectation of the Ministry of Justice is also keep longer in closed regime members of organized crime involved in heavy weapons theft, as rifles and explosives. These are examples of serious threat.

The federal government also discusses more accessible possibility that convicted for crimes committed without violence or serious threat initially serve the sentence of community service provision.

Hardening in the penalty regime progression was supported by Justice Minister, Alexandre de Moraes, when he was Secretary of Public Security of São Paulo. in May, already during the interim government of Michel Temer, he preached the measure and a change in the current legislation which allows the units of the Federation define the execution of the sentence.


Already there are congressional measures intended to harden the progression of penalty sentenced for corruption crime. In 2013, the Senate approved a bill that transforms the crime heinous and rises to 2/5 the period of the sentence that must be met before the system be changed -in case of recidivist defendant, time reaches 3/5 do total. The text also currently in the House.

The Federal Ministry also advocates the hardening of the penalty for the crime of corruption by making hideous practice involving high values. The proposal is part of the package “10 measures against corruption” discussed in committee in the House.

The federal government also argues with prosecutors and the CNJ (National Council of Justice) the completion by the end of the year custody hearing on joint efforts to expedite the regularization of temporary prisoners -according to Ministry of Justice data, half of them are framed in minor crimes.

The idea is to start the custody of joint efforts by women arrested for drug trafficking in small quantities and also older arrested for simple theft.

Source: Folha de S.Paulo

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