The plenary of the Chamber of Deputies approved, this Wednesday (3), a bill that ends the temporary release of prisoners. To this end, it amends the Penal Execution Law by revoking the articles that deal with the subject.
The project was approved by 311 votes in favor and 98 votes against. There was an abstention. The matter now goes to the Senate for analysis.
The rapporteur of the text, federal deputy Captain Derrite (PL-SP), decided to present a substitute project that extinguishes the temporary exit. The original project, presented by the then senator Ana Amélia in 2013, proposed only a restriction on exits. Over the years, several other proposals were attached and analyzed along with the initial project. Thus, the text presented by the deputy was formed.
“Regarding the temporary release, it is not uncommon for the media to report the uproar caused in Brazilian prisons on the occasion of the famous ‘saidões’, especially on celebrations such as Mother’s Day, Father’s Day, Christmas and so on. There are cases, such as that of the condemned Suzanne von Richtofen, a parricide, who enjoyed legal favor, even though she no longer had the father she murdered, simply because the law grants the benefit,” wrote Captain Derrite in his opinion.
He also argues that part of the prisoners do not return to the prison after temporary departures or take advantage of the period to commit new crimes, and questions the very purpose of the measure.
Currently, temporary release can be granted to prisoners in a semi-open regime. Authorization depends on proper behavior, at least one-sixth of the sentence, if the convict is a first-time offender, and one-quarter of the sentence, if a repeat offender, and compatibility of the benefit with the purposes of the sentence.
The authorization is granted for a period not exceeding seven days, and may be renewed for a further 4 times during the year.
The convict who is serving a sentence for committing a heinous crime that culminated in the victim’s death is not entitled to temporary leave.
The text approved by the deputies also establishes that the prisoner will only be entitled to progression of the regime according to the results of a criminological examination, in addition to good prison conduct, proven by the director of the establishment, as is currently the case. In any case, the rules that prohibit progression will be respected.
According to the project, the analysis of the results of the criminological examination will be a requirement for the admission of prisoners to the open regime. Before, it was not a mandatory item.
“This is because the criminological examination, consisting of issuing a technical opinion by a multidisciplinary team, is a much more effective tool to assess the convict’s ability to adapt or not to a less rigorous regime than a finding of good prison conduct proven only by the director of the establishment, as provided for by current legislation”, stated in Captain Derrite’s opinion.
The approved project also expands the possibilities of determining the use of electronic monitoring equipment, such as the electronic ankle bracelet, by the convict in legal cases. The judge may establish the inspection by electronic monitoring as a condition for the granting of an open regime, parole and for the application of a penalty that establishes frequency limitation to specific places, for example.
Source: CNN Brasil
