DECREE NO 6,294, DE December 11, 2007.

Grants Christmas indulgence and commuting penalty of freedom, and gives other arrangements.

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 of Criminal and Penitentiary Policy, hosted by the Minister of State for Justice, and considering the tradition of granting a pardon to the convict in conditions of deserving him, on the occasion of the commemorative Christmas festivities, providing you with opportunities for your harmonica social integration, greater goal of the criminal sanction,

DECRETA:

Art. 1st is granted indulgence:

I-to the sentenced custodial penalty of not more than eight years, not replaced by restriction of rights or fine and not benefited from the conditional suspension of the penalty, which, until December 25, 2007, has complied with a third of the penalty, if not reincident, or half, if recidified ;

II-to the sentenced custodial sentence of more than eight years that, until December 25, of 2007, 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, 2007, has complied, in regime closed or semi-open, uninterruptedly, fifteen years of the penalty, if not reincident, or twenty years, if reincident ;

IV-to doomed the custodial penalty of more than eight years that, until December 25, 2007, has complied, in a 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 years, of whose care she requires, under the law ;

V-to the sentenced custodial of freedom of more than six years and not exceeding twelve years, since who has already served two fifths of the penalty, if primary, or three-fifths, if recidified, find themselves serving time in the semi-open regime and have already enjoyed, until December 25, 2007 at the very least, of five temporary exits provided for in the 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 the 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 appointed by the judgment of the execution, constando the history of the disease, should there be no 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, 2007, 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, 2007, observed the effective discount, with no need for new temporal requirement and without prejudice to the intended remand on art. 126 of Law 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 Law No. 7,210, 1984.

Art. 4th The grant of the benefits of this Decree gets conditional on the lack of absence disciplinary action of a serious nature committed in the last twelve months of fulfilling the penalty, and, in the case of military crime, of the lack of disciplinary shortness provided for in the respective disciplinary regulations, verified in the last twelve months of compliance with the penalty, 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 drug trafficking, in the terms of art. 33 of the Act No 11,343 of August 23, 2006, in exception the hypotheses provided for in § § 2º and 3º of the said article ;

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 of its 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 represent, of his / her spouse, relative or descending, of the Public Defensoria, the Public Prosecutor's Office, the Penitentiary Council, the Community Council, the Patronate, the administrative authority or the doctor who watches the condemned who enquelled in the situations provided for in the inciso VI of the art. 1st.

§ 2nd judgment of the execution will make a decision after hearing the Public Prosecutor's Office, 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, up to one year from the date of its publication, to the Ministry's National Penitentiary Department of Justice.

§ 1st As of January 2009, the National Penitentiary Department will keep published, in its portal of the global computer network, statistical framework, broken down by federative unit, with the information regarding the amount of indulgence and commuting granted.

§ 2nd compliance with the provisions of the caput will be scrutinized by the National Criminal Policy Board and Penitentiary and the National Penitentiary Department, and verified in the opportunities for inspection or study of lastread projects in resources from the National Penitentiary Fund-FUNPEN.

Art. 11. This Decree shall enter into force on the date of its publication.

Brasilia, December 11, 2007 ; 186th of the Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

This text does not replace the published in the DOU of 12/12/2007