The Attorney General's Office (AGU) and the Ministry of Justice and Public Security presented to the National Council of Justice (CNJ), this Monday (15), a request for the body to establish criteria for granting the exit benefit of prisoners in a semi-open regime and to carry out the criminological examination necessary for progression to the regime.
The request was sent after the sanction, with vetoes, by President Luiz Inácio Lula da Silva of the law that reformed the institute for the temporary release of prisoners. The rule approved by the National Congress revoked article 124 of the Criminal Executions Law, which established criteria for temporary departure, such as the maximum period for the benefit and the minimum frequency of its granting, as well as establishing conditions such as returning home in night time and the prohibition of going to bars and nightclubs.
The understanding of the AGU and the Ministry of Justice is that the repeal of the rule could lead to divergence in the criteria for granting the benefit between the different levels of the Judiciary, creating legal uncertainty. Hence the request to the CNJ.
Regarding the criminological examination, the bodies want the CNJ to establish uniform criteria for its preparation, the definition of a reasonable deadline for the examination and the prediction of consequences for any delays in carrying it out.
The sanctioned Law established the mandatory criminological examination as a condition to assess the low level of dangerousness necessary for regime progression. The rule also revoked, within the scope of the semi-open regime, all possibilities of temporary exit for people who were convicted of committing heinous crimes or committed with violence or serious threat.
The prohibition on temporary departure for reasons of visiting family or participating in activities that contribute to the return to social life, provided for in the bill approved by the National Congress, was vetoed by the President of the Republic when sanctioning the law.
Source: CNN Brasil
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