Decree No.

Original Language Title: DECRETO N

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Decree No. 6,294, 11 DECEMBER 2007.

Grants pardon and commutation of Christmas

Sorry for freedom, and other matters.

THE PRESIDENT OF THE

Republic, the use of role that gives the art. 84, paragraph XII, of the

Constitution, with a view to the manifestation of the National Policy Council

Criminal and penitentiary, welcomed by the Minister of State for Justice, and

considering the tradition of granting pardon to convicted in conditions of

earn it, on the occasion of the commemorative festivities of Christmas,

providing opportunities for their social integration, harmonic goal

largest of the penal sanction, DECREES: Art. 1 shall be granted

pardon: I-the doomed to shame

involving deprivation of liberty not exceeding eight years, not replaced by

restrictive of rights or a fine and not benefited from the conditional suspension

the penalty, which, until December 25 2007, he has performed one-third of the sentence, if

not a repeat offender, or half, if a repeat offender;

II-to sentenced to

custodial sentence of more than eight years, until December 25

2007, has completed 60 years of age and completed one-third of the sentence, if

not a repeat offender, or half, if a repeat offender;

III-to sentenced to

custodial sentence that, until December 25 2007, he has performed in

closed or semi-open regime, without interruption, fifteen years, if not

repeat offender, or twenty years, if a repeat offender;

IV-the doomed to shame

involving deprivation of liberty of more than eight years, until December 25, 2007

He has performed 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 years,

to whose care her needs, in accordance with the law;

V-the doomed to shame

involving deprivation of liberty of more than six years and not exceeding twelve years, since

who has already served two fifths, if primary, or three-fifths, if

repeat offender, is serving a sentence in the semi-open regime and has already

enjoyed, until December 25 2007 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 total blindness carrier, provided that such conditions are not

prior to practice of the offense and be proved by official medical report or, in

absence, 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 care

continuous, since proven by official medical report or, failing that,

by two doctors appointed by the judgment of the execution, in the history of

disease, if there is no opposition 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 doomed to shame

involving deprivation of liberty, not replaced by restrictive of rights or a fine and

not benefited from the conditional suspension of sentence, which, until December 25

2007, has fulfilled a room, if not a repeat offender, or a third, if

repeat offender, and do not complete the requirements of this Decree to receive clemency,

have commuted the penalty reminiscent of a room, if not a repeat offender, and a

Fifth, if measured in consecutive date mentioned above.

Sole paragraph.  The

awarded by the previous switching will have their benefits calculated on the

remnant of the feather on 25 December 2007, subject to the discount effect,

no need for new temporal requirement and without prejudice to the redemption provided for

in art. 126 of law No. 7,210 of 1984.

Art. 3rd in granting

pardon or commutation must, for the purposes of payment of the requirement

temporal, 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 law No. 7,210 of 1984.

Art. 4 the granting of

benefits of this Decree is subject to the absence of lack discipline

serious nature committed in the last twelve months of compliance, and, in

military case, the absence of lack discipline provided for in

respective disciplinary regulations, verified in the last twelve months

compliance, numbered, in both cases, retroactively to the publication

This Decree.

Art. 5 the benefits

provided for in this Decree shall apply even if: i. the sentence

conviction has acquired the authority of a final decision for the prosecution, without prejudice to the

Trial Defense resource in higher instance; or II-there is the resource

charge not to increase the amount of the penalty or the conditions

for the grant of the pardon and commutation.

Art. 6 the breach of

penalty of fine, cumulated with custodial sentence, does not prevent the granting

the pardon or commutation.

Art. 7 feathers

corresponding to various infractions should added for effect of pardon and of

switching.

Sole paragraph.  On

chance to be tender with infringement described in art. 8, the doomed

you will 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 smuggling of drugs, pursuant to art. 33 of the law

in 11,343, August 23 2006, except the events contemplated in § § 2

and 3 of the article;

II-crime

hideous, practiced after editing the law 8,072 of 25 July 1990,

observed changes;

III-for crimes

defined in the Military Penal Code that match the crimes provided for in

sections I and II of this article.

Sole paragraph.  The

restrictions of this article and paragraph 1 of art. 1 do not apply to chance

provided for in item VI of the said art. 1. Art. 9 the authority

guard the sentenced and the penitentiary Council is setting up to the judgment of the

running the list of those who meet the requirements for

granting the benefits set out in this Decree, within thirty days

counted its publication.

§ 1 the procedure

referred to in the caput of this article may be initiated ex officio, at the request of the

interested, who represents it, to your spouse, relative or descendant, the

Public Defender's Office, a public prosecutor, the penitentiary Council, the Council

the community of patronage, of administration or from doctor who

Watch the damned that fits in the situations provided for in item VI of the

art. 1. § 2 the judgment of the

execution shall issue a decision after hearing the Prosecutor, the defence and the Council

Correctional officer, this assumption included in excepted item VI of the art. 1. Art. 10. The organs

the Central Penitentiary Administration shall complete the statistical table,

accordance with the model attached to this order, and shall forward it, up to one year

from the date of its publication, the National Penitentiary Department

Ministry of Justice.

§ 1 from

January 2009, the National Penitentiary Department will keep posted, at the

your gateway to the World Wide Web, statistical table, broken down

for federal unit, with information concerning the amount of pardons and

reprieve granted.

§ 2 the fulfillment of

provisions in the caput shall be supervised by the National Council of Criminal Policy

and the penitentiary and the National Penitentiary Department, and checked in

inspection or study opportunities of projects backed by the resources

National Penitentiary Fund-FUNPEN.

Art. 11. This Decree

shall enter into force on the date of its publication.

Brasília, December 11 2007; the 1860s

Independence and 119 of the Republic.

LUIZ INACIO LULA DA SILVA Tarsus

Son-in-law this text does not

replaces the published in the 12.12.2007

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