DECREE NO 3,667, DE November 21, 2000.

Grants indulgence, commutes feathers and other providences.

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 Policy and Penitentiary, and considering the tradition of granting, on the occasion of the commemorative Christmas festivities, forgiveness of the convict in conditions of deserve it, providing you with the opportunity for useful return to the convivion of society, the greater objective of the criminal sanction.

Decreta:

Art. 1º It is granted conditional indulgence to:

I-sentenced to the custodial penalty of not more than four years that, until December 25, 2000, has served a third of the penalty, or half if recidified ;

II-sentenced to deprivation of freedom of more than four years which, until December 25, 2000, has completed sixty years of age and served a third of the penalty, if not recidified, or half, if reincident ;

III-sentenced to deprivation of freedom that, until December 25, 2000, has uninterruptedly served twenty years of the penalty, if not recidified, or twenty-five years, if recidified ;

IV-condemned to the deprivation of freedom, tetraplegic or critical illness irreversible in terminal stature, proven by official medico laudo or, in the absence of this, designated medico, provided that there is no opposition from the benefited, maintained the right of assistance under the art. 196 of the Federal Constitution ;

V-doomed, benefited with conditional suspension of the execution of the penalty until December 31, 1999, provided that it has served half of the probation period, without there has been revocation of the sursis or extension of its period proves ; or the convict who had the custodial penalty of freedom replaced with restrictive penalty of rights, and has served half the penalty, without there having been any conversion in deprivation of liberty ;

VI-sentenced to custodial penalty of not more than eight years, benefited from conditional bookings until December 31, 1999, and has not occurred its revocation ;

VII-condemned who has obtained progressive regime progression until December 31, 1999, without there having been any further regression, in the terms of art. 118 of Law No. 7,210 of July 11, 1984 ;

VIII-sentenced to the deprivation of freedom to be complied with initially in open rule, provided that on December 31, 2000, it has already served half the penalty, and there has been no subsequent regression, in the terms of art. 118 of Law No. 7,210, 1984 ;

§ 1º For the convicted felony, committed with violence or grave threat to the person, the grant of the pardon shall be contingent upon the finding by the judge of personal conditions that they make presumed that he will not return to offender.

§ 2º The pardon that it takes 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. 2º The convict who, until December 25, 2000, has served a quarter of the penalty, if not recidified, or a third, if reincident, and does not fulfill the requirements of this Decree to receive pardon, will have commuted his sentence of a room, if not recidified, and of a fifth, if reincident.

Single Paragraph. The awarded prior commute will have its calculated benefit on the remnant of the penalty on December 25, 2000, without prejudice to the remitting predicted by the art. 126 of Law No. 7,210, 1984.

Art. 3º Constitute also requirements for the grant of the pardon and the commute that the convict:

I-have not committed serious misconduct in the manner provided for in Law No. 7,210 of 1984, during the last twelve months of compliance with the sentence, computed the detraction (art. 42 of Decree-Law No. 2,848 of December 7, 1940-Criminal Code) ;

II-is not being sued for another crime practiced with violence or grave threat against the person or those described in art. 10 of this Decree.

Art. 4º The pardon will be perfected after twenty-four months from the expedition of the term that it treats art. 6º, and the beneficiary shall, in that time, not practise any offence, as well as maintain good behaviour.

Single Paragraph. If the beneficiary comes to be prosecuted for another crime, practiced in the period provided for in the caputof this article, the term for the outreach of the pardon, until the final judgment of the case, is considered to be extended.

Art. 5º Elapsed the deadline of the previous article and adhered to the requirements of the benefit, the Judge, heard the Penitentiary Council and the Public Prosecutor's Office, shall declare extinction the deprivation of freedom.

Single Paragraph. Discompliance with the conditions of which it treats the final part of the previous article makes it without effect the conditional pardon, returning the beneficiary to the regime in which it was at the time of the granting of freedom, excluded, for further calculation of penalty, the fruity time within the limits of the same article.

Art. 6º The President of the Penitential Council or the authority responsible for the custody of the inmate or who is responsible for the monitoring of the conditions of the open regime, the restrictive sentences of law, the probation of the penalty, the booklet conditional, after the concession sentence of the benefit accepted by the person concerned, will draw the attention of the indulgent, in solemn ceremony, to the conditions laid down by this Decree, placing them in freedom, of everything washing, in book of their own, circumstantial term, the copy of which will be referred to the Judge of the Penal Enforcement, surrendering another to the beneficiary.

Art. 7º The benefits provided for in this Decree are applicable, even though:

I-the sentencing sentence has transitioned on trial only for the prosecution, without prejudice to the defence's appeal judgment in the upper instance ;

II-there is an appeal of the prosecution that does not aim to change the amount of the penalty or the conditions required for granting the pardon and commuting.

Art. 8º The default of the pecuniary penalty does not preclude the granting of the indulgence or commuting.

Art. 9º The penalties corresponding to miscellar infractions shall add to the effect of the indulgence and commuting, excluding the benefits of the infractions or situations provided for in the following article.

Art. 10 The benefits provided for in this Decree do not reach the:

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

II-convicts for felony murder ;

III-condemned for qualified theft (Penal Code, art. 157, § 2º) ;

IV-convicts that, although solvents, have ceased to repair the damage ;

V-convicts for crimes defined in the Military Criminal Code that correspond to the hypotheses provided for in the incisos I, II and III of this article ;

VI-convicts for crimes against the national financial system (Law No. 7,492 of June 16, 1986).

Single Paragraph. The restrictions of this article, § 1º of the art. 1º and of art. 3º of this Decree does not apply to the hypotheses laid down in the inciso IV of the art. 1º.

Art. 11 A The authority that custodians the convict or who is responsible for monitoring the conditions of the open regime, the restrictive sentences of law, the probation of the penalty, the conditional bookshop and the Penitentiary Council referred to the Judge of the Penal Enforcement to the indication of those who meet the requirements necessary for the granting of the benefits provided for in this Decree within thirty days, counted from their publication.

§ 1º The procedure provided for in the caputof this article may start from office, at the request of the person concerned, of whom the representative, of his / her spouse, relative or descending, of the Public Prosecutor's Office, the Council Penitentiary, the administrative authority and the doctor who watches the tetraplegic or terminally ill-stage convict.

§ 2º The Judge of the Criminal Enforcement shall make a decision within thirty days of receipt of the indication or application, giving priority to the lawsuits of the arrested convicts.

Art. 12 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 March 31, 2001 to the National Penitentiary Department of the National Office of the National Office of the Ministry of Justice.

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

Art. 13. This Decree shall enter into force on the date of its publication.

Brasilia, November 21, 2000 ; 179º of Independence and 112º of the Republic.

FERNANDO HENRIQUE CARDOSO

Jose Gregori

ANNEX

DETERMINANT REASONS DA CONDEMNATION	BENEFITED BY THE ARTICLES
	1º		2º
	MASC.	FEM.	MASC.	FEM.
1-CRIMES AGAINST THE PERSON
HOMICIDE
CORPORAL INJURIES
OUTROS
2-CRIMES AGAINST THE PATRIMONY
FURTO
THEFT
EXTORTION
ESTELIONATO
OUTROS
3-CRIMES AGAINST CUSTOMS
ALL
4-CRIMES AGAINST PUBLIC PEACE
ALL
5-CRIMES AGAINST THE PUBLIC FAITH
ALL
6-CRIMES AGAINST THE PUBLIC ADMINISTRATION
ALL
T The T A L