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2nd Chamber of the STF - Fulfillment of sentence in an establishment similar to a penal colony does not offend prohibition of fulfillment of sentence in more rigorous regime

Tuesday, April 18, 2017

The Second CHamber of the Brazilian Federal Supreme Court (STF) decided, at this Tuesday's session (18), that the execution of sentence referring to the semi-open regime in a prison establishment similar to an agricultural or industrial penal colony does not confront the Binding Summary 56, Which establishes that the lack of adequate penal institution does not authorize the maintenance of the prisoner in prison more burdensome.

The decision came at the judgment of Complaint (RCL) 25123, in which a sentenced alleged to be serving sentence in a establishment of Santa Catarina more rigorous than that planned for prison in the semi-open. For the collegiate, however, no irregularity has been demonstrated in what concerns where the offender is segregated.

The rapporteur of the complaint, Justice Ricardo Lewandowski, noted in his vote that in repeated cases from the State of Santa Catarina, the inmates that passed from closed to semi-open regime are sent to the Central of Observation and Screening of the prison complex of Florianópolis. This unity, explained the Justice, Is intended only for those sentenced by the semi-open and open regime, granting them the perks of these regimes. “Although it is not effectively an agricultural penal colony, this establishment fills, as far as possible, the conditions of the semi-open, including giving conditions for inmates to be absent on legally foreseen occasions” He said.

Read More:
Cumprimento de pena em estabelecimento similar a colônia penal não afronta SV 56

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