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SP inmates leave prisons this Tuesday (11) despite changes in the law

Prisoners from across the state of São Paulo will benefit today (11) from their temporary release. The information was confirmed to CNN by the Court of Justice of the State of São Paulo (TJSP).

The benefit can be granted by the Court to inmates serving a sentence in a semi-open regime and who meet the following requirements:

  • appropriate behavior;
  • minimum serving of 1/6 of the sentence, if the convict is a first-time offender, and 1/4 if he is a repeat offender;
  • that the benefit is compatible with other penalties;
  • proof of suitable address where you will remain during your departure;
  • who has means of transportation from the prison to the place of stay.

Also according to the TJSP, temporary releases are analyzed case by case, within the records, and the courts of the various districts forward the authorizations directly to the prison units.

When asked about the number of prisoners benefiting, the São Paulo Penitentiary Administration Secretariat (SAP) has not yet responded to the report.

In June last year, around 1,500 people were released from prison due to the benefit. Of these, 119 were caught committing new crimes, according to the São Paulo Public Security Secretariat (SSP-SP).

During the period of the so-called “saidinha”, the government of São Paulo adopted a package of public policies to combat criminal recidivism.

When approaching the suspect of a crime, during this period, military police officers are able to consult the system available on tablets and mobile devices located in the vehicle, where they find information about the rules that each of the benefited detainees needs to follow.

“The measure contributed to the reduction of robberies and robberies by around 6 thousand occurrences, during the days of the last four temporary departures (June, September and December 2023 and March 2024)”, informed the SSP in a note.

“Saidinhas” banned by the National Congress

On May 28, Congress overturned President Luiz Inácio Lula da Silva’s (PT) vetoes on a provision in the project on the temporary release of prisoners.

When sanctioning the rule, Lula vetoed an excerpt of the text and authorized prisoners from the semi-open regime, who had not committed serious or heinous crimes, to leave to visit their family. Congress, however, overturned the veto and returned the text to the original wording approved in March.

The law prohibits the temporary release of prisoners from the semi-open regime, only authorizing the release of inmates who are pursuing a vocational supplementary course, secondary education or higher education.

Temporary release is granted by the courts as a way of resocializing prisoners and maintaining their connection with the world outside the prison system.

Until then, the benefit allowed inmates in the semi-open regime to carry out:

  • family visits;
  • professional, secondary and higher education courses;
  • activities to return to social life

When affirming the maintenance of “outings” in the state of São Paulo this Tuesday (11), the Court of Justice says that “for now, there has been no change to Ordinance No. 02/2019, which regulates temporary outings”.

The Federal Supreme Court (STF) will judge an action filed by the Federal Council of the OAB, which questions the law approved by Congress. Minister Edson Fachin submitted the judgment of the case directly to the plenary.

(with information from Teo Cury, Mayara da Paz and Rebeca Borges, from CNN)

Source: CNN Brasil

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