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Justice denies preliminary injunction requesting transfer of prisoners for more than 2 years in federal penitentiaries to state penitentiaries

Wednesday, October 04, 2017

Justice Alexandre de Moraes of the Brazilian Federal Supreme Court (STF) rejected an preliminary injunction in Habeas Corpus (HC) 148459, in which the Public Defender of the Union (DPU) requests the transfer of detainees, who have been imprisoned for more than two years in federal maximum security prisons, to state prisons, preferably in their home states.

In the rapporteur's assessment, the facts pointed out by the DPU, "in the first analysis, do not present any illegality". The Justice reminds that Law 11,671 / 2008 itself, regulated by Decree 6.877 / 2009, does not set a deadline for the transfer of detainees, "but authorizes successive renewals of the maintenance of detainees in the gathering at federal maximum security penal establishments whenever, given the requirements, the public safety interest of any society remains untouchable" The justice points out that such extensions can be authorized in the face of a reasoned decision by the competente judge "for each new renewal of deadlines not exceeding, individually, 360 days".

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