DECREE NO 5,993 OF December 19, 2006.

Grants indulgence, commuting and gives others provider.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso XII, of the Constitution, in view of the manifestation of the National Council on Criminal and Penitentiary Policy, hosted by the Minister of State for Justice, and considering the tradition of granting, on the occasion of commemorative festivities of the Christmas, forgiveness of the convict in conditions of deserving him, providing him with conditions for the harmonica social integration, greater objective of the criminal sanction,

DECRETA:

Art. 1st is granted indulgence:

I-to the sentenced custodial penalty of not more than six years, not replaced by restriction of rights or fine and not benefited from the conditional suspension of the penalty, which, until December 25, 2006, has complied with a third of the penalty, if not reincident, or half, if recidified ;

II-to the sentenced custodian of freedom of more than six years which, until December 25, of 2006, have completed sixty years of age and served a third of the penalty, if not reincident, or half, if reincident ;

III-to the condemned the deprivation of liberty which, until December 25, 2006, has complied, in regime closed or semi-open, uninterruptedly, fifteen years of the penalty, if not reincident, or twenty years, if reincident ;

IV-to the sentenced custodial sentence of freedom over six years that, until December 25, 2006, has complied, in closed or semi-open regime, a third of the penalty, if not recidified, or half, if reincident, and mother of the minor son of fourteen, of whose care of her in need ;

V-to the sentenced custodian of freedom of more than six years and not more than fifteen years, provided that you have already served a third of the penalty, if primary, or half, if reincident, find yourself serving time in the semi-open regime and have already enjoyed, until December 25, 2006 at the very least, of five temporary outputs provided for in art. 122, inciso I, combined with art. 124, caput, of Law No 7,210 of July 11, 1984.

VI-to the convict:

a) paraplegic, tetraplegic or total blindness holder, provided that such conditions are not prior to the practice of the offence and to be proven by official medical laude or, in the absence of this, by two doctors, appointed by the Judgment of Execution ; or

b) mated, cumulatively, of serious, permanent disease, presenting severe incapacity, with serious limitation of activity and restriction of participation, requiring continuous care, provided that proven by official medical laude or, in the absence of this one, by two doctors designated by the Judgment of Execution, constando the history of the disease, should there not be opposition from the beneficiary, maintained the right of assistance under the art. 196 of the Constitution

Single Paragraph. The indulgent of taking care of this Decree does not extend to the ancillary penalties provided for in the Military Penal Code and the effects of the conviction.

Art. 2nd O condemned the custodial penalty of freedom, not replaced by restrictive of rights or fine and not benefited from the conditional suspension of the penalty, which, until December 25, 2006, has served a quarter of the penalty, if not recidified, or a third, if reincident, and does not meet the requirements of this Decree to receive pardon, will have commuted the remaining penalty of a quarter, if not reincident, and of a fifth, if reincident, ainjured on the above-mentioned date.

Single Paragraph. The awarded prior commute will have its calculated benefit on the remnant of the penalty on December 25, 2006, observed the effective discount, with no need for new temporal requirement and without prejudice to the intended remand on art. 126 of the Act No. 7,210, 1984.

Art. 3rd In the concession of the pardon or commuting should, for the purposes of the integralization of temporal requirement, be computed the detraction of which treats the art. 42 of the Criminal Code and, when it is the case, the art. 67 of the Military Penal Code, without prejudice to the planned remand at the art. 126 of the Act No. 7,210, 1984.

Art. 4th the concession of the pardon or commuting is contingent on the finding of no of the practice of serious misuse in the last twelve months of serving time, ascertained in the form of the art. 59 and following of the Act No. 7,210, 1984, and, in the case of military crime, of the absence of the disciplinary shortcoming provided for in the respective disciplinary regulations, verified in the last twelve months of serving time, counted, in both cases, retroactively to the publication of this Decree.

Art. 5th The benefits provided for in this Decree are applicable, even though:

I-the sentencing sentence has transitioned to trial for prosecution, without prejudice to trial of defence in the upper instance ; or

II-there is an appeal from the charge that does not target to majorate the amount of the penalty or the required conditions for the concession of the pardon and commuting.

Art. 6th The default of the penalty of fine, cumulated with deprivation penalty of freedom, no prevents the concession of the pardon or commuting.

Art. 7th The penalties corresponding to miscellar infractions must add up to the effect of the indulgence and of the commute.

Single Paragraph. In the hypothesis of having contest with infraction described in art. 8th, the convict will not be entitled to pardon or commuting while not fulfilling, in full, the penalty corresponding to the preventative crime of benefits (art. 76 of the Criminal Code).

Art. 8th The benefits provided for in this Decree do not reach the convicts:

I-for the crime of torture, terrorism or illicit trafficking of narcotics and related drugs ;

II-by heinous crime, practiced after the edition of Law No 8,072 of July 25, 1990, observed the later changes ;

III-for crimes defined in the Military Penal Code that correspond to the offences provided for in the incisos I and II of this article.

Single Paragraph. The restrictions of this article and the inciso I of art. First you do not apply to the hypotheses provided in the inciso VI of the quoted art. 1st.

Art. 9th The authority that custodian the convict and the Penitential Council will forward the Judgment of the Execution the list of those who meet the requirements necessary for the granting of the benefits set out in this Decree within thirty days, counted from their publication.

§ 1st The procedure provided for in the caput of this article may start from office, on the application of the interested, from whom the represer, of his spouse, relative or descending, of the Public Defensoria, the Public Prosecutor's Office, the Penitentiary Council, the administrative authority or the doctor who watches the convict who enquers in the situations predicted in the inciso VI of the art. 1st.

§ 2nd The Judgment of Execution will make a decision after hearing the Public Prosecutor's Office, the defence and the Council Penitentiary, exceeded this in the contemplated hypothesis in the inciso VI of the art. 1st.

Art. 10. The central bodies of the penitentiary administration shall complete the statistical framework in accordance with the model attached to this Decree, and shall refer it, until August 31, 2007, to the National Penitentiary Department of the Ministry of Justice.

Single Paragraph. Compliance with the provisions of this article will be scrutinized by the National Criminal and Penitential Policy Board and the National Penitentiary Department and verified on the opportunities for inspection or study of resources-backed lastread projects of the National Penitentiary Fund-FUNPEN.

Art. 11. This Decree goes into effect on the date of its publication

Brasilia, December 19, 2006 ; 185th of the Independence and 118th of the Republic.

LUIZ INACIO LULA DA SILVA

Marcio Thomaz Bastos

This text does not replace the published in the DOU of 12/20/2006.