Unanimously, STF overturns special prison for those with higher education

The Federal Supreme Court (STF) unanimously overturned the possibility of special imprisonment for those with higher education. The trial took place in the virtual plenary of the Court, a modality in which ministers insert votes into the system and there is no in-person deliberation. The 11 judges of the Court voted until the night of this Friday (11) to suspend the article of the Code of Criminal Procedure (CPP) that established the measure.

The Supreme had already formed a majority to declare the rule unconstitutional this Thursday (30). The understanding of Minister Alexandre de Moraes, rapporteur of the action filed by the Attorney General’s Office (PGR), was accompanied by the entire Court. The rapporteur was accompanied by ministers Luís Roberto Barroso, Dias Toffoli, Edson Fachin, Rosa Weber, Cármen Lúcia, Luiz Fux, Gilmar Mendes, André Mendonça, Nunes Marques and Ricardo Lewandowski.

For Moraes, the device that guarantees special imprisonment for those with a university degree was not approved by the Constitution, reported Agência Brasil. The original text is from 1941. According to Article 295, item VII, of the CPP, people with a higher education degree from any Brazilian college are entitled to special imprisonment, not being able to stay in a common cell with other detainees.

“The extension of special imprisonment to these people characterizes a true privilege that, ultimately, materializes social inequality and the selective bias of criminal law, and harms the fundamental precept of the Constitution that ensures equality among all in the law and before the law”, said the rapporteur.