Decree No. 5,993, Of 19 December 2006

Original Language Title: Decreto nº 5.993, de 19 de Dezembro de 2006

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Decree No. 5,993 for DECEMBER 19 2006.
Grants clemency, commuting and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, paragraph XII, of the Constitution, with a view to the manifestation of the National Council of Criminal and Penitentiary Policy, hosted by the Minister of State for Justice, and considering the tradition of granting, on the occasion of the commemorative festivities of Christmas pardon to convicted in position to earn it, providing conditions for the harmonious social integration, main objective of criminal sanction, DECREES: Art. 1 is granted pardon: I-to sentenced to custodial sentence not exceeding six years, not replaced by restrictive of rights or a fine and not benefited from the conditional suspension of sentence, which, until December 25, 2006 has fulfilled one-third of the sentence, if not repeat offender, or half, if a repeat offender;
II-to sentenced to custodial sentence of more than six years, until 25 December 2006, has completed 60 years of age and completed one-third of the sentence, if not repeat offender, or half, if a repeat offender;
III-to sentenced to deprivation of freedom, until December 25, 2006 has fulfilled, in closed or semi-open regime, without interruption, fifteen years, if not a repeat offender, or twenty years, if a repeat offender;
IV-to sentenced to custodial sentence of more than six years, until December 25, 2006 has fulfilled, in closed or semi-open regime, one-third of the sentence, if not repeat offender, or half, if a repeat offender, and mother of minor child of fourteen, of whose care her needs;
V-to sentenced to custodial sentence exceeding six years and not exceeding fifteen years since has served one-third of the sentence, if primary, or half, if a repeat offender, is serving a sentence in the semi-open regime and has already enjoyed, until 25 December 2006, at least five temporary outputs provided for in art. 122, item I, combined with the art. 124, caput, of law No. 7,210 of 11 July 1984.
I saw the condemned: a paraplegic, quadriplegic or carrier) of total blindness, since such conditions are not earlier than practice of the offense and be proved by official medical report or, failing that, by two doctors, appointed by the Judgment of execution; or b) affected, cumulatively, of serious illness, permanent, showing severe disability, with severe activity limitation and participation restriction, requiring continuous care, since proven by official medical report or, failing that, by two doctors appointed by the Judgment of the execution, in the history of the disease, if not opposed by the beneficiary, maintained the right to assistance pursuant to art. 196 of the Constitution.
Sole paragraph. The pardon that looks after this Decree does not extend to ancillary penalties provided for in the Military Penal Code and effects of the conviction.
Art. 2 the sentenced to custodial sentence, not replaced by restrictive of rights or a fine and not benefited from the conditional suspension of sentence, which, until December 25, 2006 has fulfilled a room, if not a repeat offender, or a third, if a repeat offender, and do not complete the requirements of this Decree to receive clemency, have commuted the penalty reminiscent of a room If not repeat offender, and a fifth, if measured in consecutive date mentioned above.
Sole paragraph. The award-winning by switching your benefit will be calculated earlier about the remainder of the sentence on 25 December 2006, subject to the discount effect without the necessity of new temporal requirement and without prejudice to the redemption provided for in art. 126 of the law on the 7,210 of 1984.
Art. 3rd in granting the pardon or commutation must, for the purposes of payment of the temporal requirement, be computed detração contemplated in art. 42 of the Penal Code and, when applicable, the art. 67 of the Military Penal Code, without prejudice to the redemption provided for in art. 126 of the law on the 7,210 of 1984.
Art. 4 the granting of pardon or commutation shall be subject to the verification of absence of serious misconduct in the last twelve months of compliance, established in the form of art. 59 et seq. of law No. 7,210 of 1984, and, in the case of military crime, the lack of discipline in their missing disciplinary regulations, verified in the last twelve months of compliance, numbered, in both cases, retroactively to the publication of this Decree.
Art. 5 the benefits provided for in this Decree shall apply even if: i. the enforceable judgment has acquired the authority of a final decision for the prosecution, without prejudice to the trial the defence resource in higher instance; or II-there is no charge feature aimed at increasing the amount of the penalty or the conditions required for the grant of the pardon and commutation.
Art. 6th bad fine pen, cumulated with custodial sentence, does not prevent the granting of pardon or commutation.
Art. 7 the penalties corresponding to various infractions should added for effect of pardon and commutation.
Sole paragraph. In the event of there being competition with infringement described in art. 8, the convicted will not be entitled to clemency or commutation as does not meet, in full, the penalty corresponding to the crime deterrent benefits (art. 76 of the Penal Code).
Art. 8. The benefits provided for in this Decree does not reach the doomed: I-for the crime of torture, terrorism or illicit trafficking of narcotics and related drugs;
II-heinous crime, practiced after the edition of the law No. 8,072, of 25 July 1990, subject to subsequent amendments;
III-for crimes defined in the Military Penal Code that match the crimes referred to in items I and II of this article.
Sole paragraph. The restrictions of this article and paragraph 1 of art. 1 do not apply to events contemplated in item VI of the cited art. 1. Art. 9 the authority to guard the sentenced and the penitentiary Council will the Judgment of executing the list of those who meet the requirements for the granting of the benefits set out in this Decree, within 30 days of its publication.
§ 1 the procedure provided for in the caput of this article may be initiated ex officio, at the request of the person concerned, who represents it, to your spouse, relative or descendant, the public defender's Office, a public prosecutor, the penitentiary Council, administrative authority or the doctor who watches the convict who fits in the situations provided for in item VI of the art. 1. § 2 the Judgment of execution shall issue a decision after hearing the Prosecutor, the defence and the penitentiary Council, except in the case contemplated in this item VI of the art. 1. Art. 10. The Central penitentiary administration bodies shall complete the statistical table, in accordance with the annex to this Decree, and shall forward it, until 31 August 2007, the National Penitentiary Department of the Ministry of Justice.
Sole paragraph. The provisions of this article shall be monitored by the National Council of Criminal and Penitentiary Policy and the National Penitentiary Department and checked in the inspection or study opportunities of projects backed by National Penitentiary Fund-FUNPEN.
Art. 11. This Decree shall enter into force on the date of its publication Brasilia, December 19 2006; 185 of independence and 118 of the Republic.
LUIZ INACIO LULA DA SILVA Marcio Thomaz Bastos this text does not replace that published in the 20.12.2006.

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