Senate approves restriction on ‘outings’ for inmates in the prison system

Bill (PL) 2,253/2022, which restricts the benefit of temporary release for convicted prisoners, was approved by the Senate on Tuesday (20). The text, approved with 62 votes in favor, two against and one abstention, will return to the deputies for analysis.

Reported by senator Flávio Bolsonaro (PL-RJ), the project provided for the total revocation of the benefit, but was changed to allow prisoners studying to leave. In practice, the text eliminates the temporary release of prisoners on commemorative dates and holidays, which has been popularly called “saidão”.

Presented by deputy Pedro Paulo (PSD-RJ), the project, as it came from the Chamber, repealed provisions of the Penal Execution Law (Law 7,210, of 1984) that dealt with temporary exits. According to current legislation, the benefit applies to convicts serving sentences in a semi-open regime. Currently, they can leave up to five times a year, without direct supervision, to visit family, study outside of prison or participate in activities that contribute to resocialization.

The text was approved with changes by the Senate. One of the accepted amendments, from senator Sergio Moro (União-PR), reverses the total revocation of the benefit. According to the approved text, temporary releases will still be allowed, but only for prisoners enrolled in vocational courses or in secondary and higher education and only for the time necessary for these activities. The other justifications currently accepted for temporary departures — visiting family and participating in activities that contribute to the return to social life — no longer exist in the law.

“The project ends temporary releases on holidays, which is different from the authorization for the prisoner to study or work outside the prison when in a semi-open or open regime. (…) Because it is totally relevant, obviously, we rescued this institute, which, in fact, contributes to the resocialization of prisoners, which is the possibility of studying, taking a professional course”,

explained the rapporteur, who said he considered the solution presented by Moro the most appropriate.

Even for prisoners authorized to leave to study, the amendment also expands restrictions already contained in the law. Currently, prisoners who are serving sentences for committing a heinous crime resulting in death cannot enjoy the benefit. The new text extends the restriction to prisoners serving sentences for a heinous crime or involving violence or serious threats against a person.

“So, yes, we are preserving what is really relevant for the semi-open prisoner, which is the exit to education and work. Even so, we have included a security clause, a security standard establishing that, even for these activities, those who have been convicted of a heinous crime and a crime committed with violence or with a serious threat against a person do not have the right to temporary exit. We have to have safeguards to protect the population, to protect other individuals”,

Moro explained.

During the discussion, senators asked the government leader, Jaques Wagner (PT-BA) to intercede with President Luiz Inácio Lula da Silva so that the text would not be vetoed. The leader recalled that the text will still return to the Chamber and denied that there is a position formed in the government to veto the text.

Homage

The text was also modified to include the determination that, if sanctioned, the law would be called “PM Sargento Dias Law”. This excerpt was included by the rapporteur in honor of Sergeant Roger Dias da Cunha, from the Military Police of Minas Gerais. He was shot in the head on January 5th, after approaching two suspects for stealing a vehicle in Belo Horizonte. The gunman was a beneficiary of the temporary release who should have returned to the penitentiary on December 23 and was considered a fugitive from justice.

“He was released and killed a police officer, a young man serving society. A society so strange that it holds a public competition, selects our best young people, puts them in a police academy, gives them a gun and a wallet and throws them into an unprotected jungle. We condemn police officers every day, we don’t give them the support they need,”

stated senator Carlos Viana (Podemos-MG).

Rules

In addition to restricting temporary departures, the project addresses other topics. One of them is the need for a criminological examination for the progression of convicts to the regime. According to the text, a convict will only be entitled to the benefit if he “displays good prison conduct, proven by the director of the establishment and by the results of the criminological examination”. The test must assess, for example, whether the prisoner is able to adjust to the new regime “with self-discipline, low risk and a sense of responsibility”.

“The requirement to carry out a criminological examination for regime progression is accepted by our higher courts, as long as it is a reasoned decision. On the subject, there is Binding Precedent No. 26, of the STF [Supremo Tribunal Federal]and Precedent 439, of the STJ [Superior Tribunal de Justiça]. Thus, the conditioning proposed by the bill is in line with the jurisprudence of our Superior Courts”,

justified the rapporteur.

The project also establishes rules for monitoring prisoners. According to the proposal, the judge can determine electronic supervision to apply a custodial sentence to be served in open or semi-open regimes or grant progression to such regimes. Other hypotheses foreseen are to apply a penalty restricting rights that establishes frequency limitations in specific places; and for granting conditional release.

Also in accordance with PL 2,253/2022, any prisoner who violates or damages the electronic monitoring device is subject to punishments such as the revocation of conditional release and the conversion of the sentence restricting rights into a sentence depriving one of liberty.

Highlights

In favor of the approval of the project, senator Fabiano Contarato (PT-ES), recalled that the penalty has a double nature, of readaptation to social and family life, and of retribution for the evil committed. Contarato cited several institutions provided for by law that significantly reduce the sentence to be served by convicts, such as regime progression, sentence remission through work, sentence commutation and conditional release. The senator, who is leader of the PT, released the bench to vote.

“I cannot help but express my statement in the sense that, given these circumstances, it is not reasonable to explain to someone who had their son killed by intentional homicide, in which the guy was sentenced to nine years in prison, that he will not even stay three years in prison. (…) For this reason, I humbly ask for forgiveness from my Workers’ Party bench, but I would not leave here with a clear conscience voting no against the temporary departure, understanding that it is another benefit given and that it will pass not the sensation, but the certainty of impunity”,

he said.

He, who was a police chief, presented amendments to extend the ban on temporary releases for all convicts serving sentences for non-bailable crimes — such as racism, terrorism and torture. The highlight was rejected by the senators, as per the rapporteur’s instructions.

Senator Otto Alencar (PSD-BA) accused Flávio Bolsonaro of being against the emphasis on protecting those convicted of crimes committed in the anti-democratic attacks on January 8th, who, with approval, would no longer be entitled to the benefit.

“There is no explanation. Your Excellency wants to exclude those who attacked democracy on January 8th, terrorism, threats to the democratic rule of law. Your Excellency did not convince, you did not explain absolutely anything”,

accused the senator, who also mentioned militiamen.

Flávio Bolsonaro stated that it was not appropriate to bring January 8th into the discussion and stated that there was an attempt to politicize an issue that should not be politicized. He accused the government base of making a political attack on supporters of former president Jair Bolsonaro.

The senators also rejected Contarato’s amendment to allow the benefit of temporary release not only to prisoners in vocational courses, secondary and higher education, but also to all basic education for young people and adults. The amendment was highlighted by senator Jorge Kajuru (PSB-GO), vice-president of the Public Security Commission (CSP), who defended its approval.

“Investing in the education of inmates not only equips them for a better life after serving their sentence, but also contributes to reducing conflicts within prison institutions. Education is a powerful tool in promoting peace and building an environment conducive to personal and social development”, .

said the senator before rejecting the highlight

Lack of structure

Despite declaring a vote in favor of the text, senator Soraya Thronicke (Podemos-MS) criticized the haste with which the project was discussed. She stated that in some states, such as Goiás and Minas Gerais, there is no structure for serving sentences in a semi-open regime, which means that prisoners go directly from the closed regime to the open regime. In practice, the senator said that she is a “saidona” and that the approval of the project is “wiping out ice”.

“No one is stupid here. I will vote in favour, I will support the highlights, but at no point will I give in or pretend to the Brazilian people. All of this that is happening here is to hide the real problem, so let’s demand that the Executive Branch fulfill its duty, invest, build structures for semi-open regimes”,

said the senator when citing state governments.

The lack of structure for serving sentences in the semi-open regime was also cited by senator Rodrigo Cunha (Podemos-AL), who cited the example of his state.

“All this revolt is being expressed in cases where the semi-open system allows “health”. Imagine being in a state that hasn’t even been semi-open for over ten years! Is there a greater incentive for impunity than this?”

he questioned.

*With information from Agência Senado

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