Violent crimes drive debate in the Senate on “little things”

After the return of the parliamentary recess, the Federal Senate must expedite Bill 2253/2022, which restricts prisoner outings on holidays. The topic came up again after Military Police Sergeant Roger Dias da Cunha, aged 29, was murdered by a criminal who was using the benefit, in Belo Horizonte (MG).

When commenting on the soldier’s death, the president of the Senate, Rodrigo Pacheco (PSD-MG), stated that the legislation has “the pretext of resocializing”, but serves “as a means to commit more crimes”.

“Guns are in the hands of those who cannot afford to have them, and the freedom to use them is guaranteed to those who should not be free,” said Pacheco on the social network X, the former Twitter. “Either we react strongly to crime and violence, or the country will be defeated by them”, he added.

Traditionally, the month of December is marked by several cases involving crimes committed by criminals who benefited from temporary release. Another case that shocked the country was the death of cook Renata da Silva Teles, murdered on Christmas Eve in a room in the hotel where she worked, in Campinas (SP).

The criminal, a 43-year-old man, confessed to the murder when he returned to prison. He was serving a semi-open sentence due to a 12-year prison sentence for the death of his partner in 2018, who was also murdered at Christmas.

Disagreements about the end of the party made it difficult to process PL 2253/2022 in the Senate

Bill 583/2011, authored by federal deputy Pedro Paulo (PSD-RJ), was approved by the plenary of the Chamber of Deputies in 2022. There were 311 votes in favor and 98 against. The initial project did not extinguish the temporary departure, but was changed by the rapporteur of the matter in the Chamber, the then deputy Captain Derrite (PL-SP).

In the Senate, the text was under the rapporteurship of Senator Flávio Bolsonaro (PL-RJ) and since October it has been stuck in the Senate Public Security Committee. The divergence between the senators occurred after the rapporteur maintained the extinction promoted by the deputies.

In response to the delay in the commission’s consideration of the project, Flávio Bolsonaro stated on his social networks that the PT has been working against the project. “The escape encourages people to escape from prison and does not help with the reintegration of prisoners. I already presented the report months ago, it is ready to be voted on, but Lula’s support base, mainly PT senators, are using all regimental devices to prevent his vote”, said the senator.

When asked about the matter, the president of the Senate Public Security Committee, Sérgio Petecão (PSD-AC), denied that there was any move by the government to delay the processing of the measure and stated that the change made by Flávio Bolsonaro did not please the senators and movements. social issues linked to the topic.

“I’m against partying, but Flávio wanted to put an end to them all. The law allows for some progression situations, such as, for example, for those who work and study. We cannot ignore all of this”, said Petecão.

He also reported that senator Sergio Moro (União-PR) is analyzing Flávio Bolsonaro’s text and should make improvements before the vote in the commission, which is scheduled to take place in the first sessions after the parliamentary recess. With Pacheco’s support for the topic, it is expected that the matter will also be easily processed by the House’s Constitution and Justice Committee (CCJ), the last thematic committee before the project reaches the Plenary.

Criminal Execution Law needs to change

In the assessment of experts consulted by the People’s Gazette, the Criminal Executions Law needs to be revised so that cases like the murders of Roger Dias da Cunha and Renata da Silva Teles do not happen again. For the anthropologist and former BOPE captain, Paulo Storani, author of the book “Go and win” (Ed. Best Seller, 2018), the law in its current form no longer has any effect on criminals.

“The Criminal Executions Law, created in 1984, created a series of benefits and since then others have also been granted. What happened in Brazil was the construction of a scenario based on permissiveness and growing tolerance towards criminal practice, treating the criminal as a victim of society. This ended up producing the situation we have today. Parallel to this, there was a demonization of police expressions and we saw a vision of eliminating the Military Police persist. Furthermore, look at the cases we have: criminals who benefited from temporary leave who did not return and committed crimes during their leave. This shows that [a lei] it has no effect on this type of criminal,” said the former soldier.

For criminal lawyer José Maria Nóbrega, professor at the Federal University of Campina Grande (PB), inmates who have committed heinous crimes, such as drug trafficking, should not have the benefit.

“The majority returns from temporary departures, but the minority must pay. I am in favor of further restricting temporary departures, for specific cases of re-educated students who are taking courses, prohibiting departures from Natal or similar. Which should lead to changes in the Criminal Execution Law, yes. In my opinion, drug traffickers and faction leaders should not have access to the benefit, since drug trafficking is not considered a heinous crime, according to Law 8,072/90”, said the jurist.

How temporary exit works

“Saidinhas” are a benefit granted to prisoners with good behavior who have already served part of their sentence and are in a semi-open regime. According to the legislation, the benefit aims to allow these people to return to social life, attend regular education and visit their family.

Departures traditionally occur on holidays, such as Christmas, New Year, Easter, Father’s Day, Mother’s Day and All Souls’ Day. Detainees who meet the requirements can also request authorization to study. The convicted person will only be able to study in the region where he is serving his sentence and will only be released from prison during class time. If the prisoner shows poor performance in studies, the benefit may be cancelled.

The exit also imposes rules of behavior and prohibitions. They are: delaying returning to prison without informing the management, going to parties or bars, getting drunk or using illicit drugs, getting involved in fights, owning or carrying weapons and committing crimes.

São Paulo: 1,500 prisoners do not return after being released

According to data from the National Secretariat for Penal Policies, the country has approximately 118 thousand prisoners in a semi-open regime. Despite this, not everyone is eligible for the benefit.

In São Paulo, the state Public Security Secretariat recorded that around 34,000 prisoners left 182 prisons for the temporary departure from Natal. According to a balance made by the Penitentiary Administration Secretariat (SAP) this Monday (8), 1,566 have not yet returned – which represents 4.5% of the total number of inmates released on the holiday.

The agency reported that during the “temporary escape” it arrested 712 inmates for failing to comply with the measures imposed by the Court, with 631 offenders disobeying rules such as not remaining in the city of origin or staying on the street after curfew (10pm). Another 81 were caught committing various crimes, the most common being drug trafficking, theft and robbery.