Requesting a “leave” from prison costs up to R$7,000 according to OAB tables

A survey carried out by People’s Gazette together with the sections of the Brazilian Bar Association (OAB) in the four most populous states in the country showed that a request for temporary release from prison can cost up to R$7,600 depending on the location. These amounts are charged by lawyers, who prepare the applications and present them to the Court.

The suspension of the benefit of the so-called “saidinhas” came to the fore again with the occurrence of a series of violent crimes by prisoners who enjoyed the benefit of the temporary departure from Natal, which includes the case of the Minas Gerais Military Police sergeant killed by an inmate released from prison to spend the end of year festivities with his family. The criminal had 18 police records and still had access to the benefit.

The end of temporary releases, however, has faced resistance from part of society since it began to be discussed almost 13 years ago in Congress, when a bill began to be processed to restrict the benefit only to inmates who already have permission to work and study outside of prison.

Among the arguments in favor of the benefit is that the “days out” help in the prisoner’s resocialization. Apart from the alleged social nature of the benefit, there are other currents that try to halt the progress of the bill due to political and even market interests, as is the case of some criminal lawyers.

A People’s Gazette consulted the OAB fee tables in the states of São Paulo, Rio de Janeiro, Minas Gerais and Bahia. The values ​​serve as a basis for charging fees, but there is no impediment for law firms to charge different amounts than those suggested by the Order.

The sections of Bahia (R$ 7,614) and São Paulo (R$ 7,195) suggest the highest values, and are followed by the section of Minas Gerais (R$ 7,000). The OAB of Rio de Janeiro suggests charging the amount of R$ 3,812 for the application.

It is worth noting that not all applications to enjoy the benefit are prepared by law firms. Most of them are requested by public defender offices, since many prisoners are unable to hire their own lawyers.

“And many others do not charge for each application, but make a ‘package’ throughout the entire process, because several of these inmates’ families have already committed all their savings to pay the fees”, explains lawyer Géssica Almeida, president of the group Movimento Advogados de Reita Brasil. “And there are also concessions given by official judges [sem um pedido formal de um advogado]”, he continues.

The movement that Géssica presides over recently prepared a petition to pressure the Senate to move forward with the bill that puts an end to “saidinhas”, which is approaching 50,000 signatures. This measure diverges from a considerable part of the class that is in favor of maintaining the benefit.

The lawyer explains that the legislation that allows the temporary release of inmates from prisons, which dates back to 1984, is outdated. Currently, prisoners of the semi-open regime who have already served at least one-sixth of their sentence benefit.

Géssica believes that this and other questions have lost their effectiveness with the evolution of crime over the years. For her, inmates who respond to the crime of drug trafficking, for example, don’t have much to lose if they commit another crime during their “leave” – ​​which is what happened to the person responsible for the death of the Minas Gerais police officer.

“The Penal Code, for example, dates back to the 1940s and is outdated. Drug trafficking is a world apart. People responsible for drug trafficking or leaders of factions should not have access to the benefit of temporary exits, as the damage they cause is terrible”, he points out.

Recently, when asked about the bill’s progress in the Senate, the president of the house, Rodrigo Pacheco (PSD-MG), stated that Congress is analyzing the proposal, and that it is possible that it will be taken to the plenary soon.

“There was no inertia from the Senate [para deliberar sobre o assunto]. The Senate is working and focusing on this topic, the function of criminal law and the resocialization of those people who have committed crimes. Those who refuse to resocialize must feel the rigor of the law. Freedom cannot be given to those who are not in a position to have freedom,” he stated.

According to the project’s progress (see here), the text has been on hold for consideration by senators in the Public Security Committee since November of last year. At the time, the collegiate meeting was canceled and there was no new schedule.