DECREE NO. 4,904 OF 1º OF DECEMBER 2003.

Conception of parole, commuting and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it 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, on the occasion of the commemorative festivities of the Christmas, forgiveness to the convict in conditions of deserving him, providing him with the opportunity of useful return to the convivid of society, goal greater of the penal sanction,

DECRETA:

Art. 1º It is granted conditional pardon to:

I-sentenced to the deprivative penalty of freedom not exceeding six years that, until December 25, 2003, has served a third of the penalty, if not recidivist, or half, if recidivist;

II-sentenced to the custodious sentence of more than six years who, until December 25, 2003, has completed sixty years of age and served a third of the penalty, if not recidivist, or half, if recidivist;

III-sentenced to the custodian sentence of freedom which, until December 25, 2003, has complied, in a closed or semi-open regime, uninterruptedly, fifteen years of the penalty, if not recidivism, or twenty years, if recidivism;

IV-condemned to the custodious penalty of freedom that is:

a) paraplegic, tetraplegic or full-blindness bearer, provided that such conditions are not prior to the practice of the act and proven by official medical laude or, in the absence of this one, by two physicians, designated by the Enforcement Judgment;

b) acometained, cumulatively, of serious illness, permanent, presenting severe disability, with severe limitation of activity and restriction of participation, requiring continuous care, proven by official medical laureate or, in the absence of this, by two physicians, designated by the Enforcement Judgment, by constying the history of the disease, provided that there is no opposition from the beneficiary, maintained the right of assistance in the terms of art. 196 of the Constitution.

§ 1º For the felony convict, committed with violence or serious threat to the person, the granting of the pardon will become subordinate:

I-to the finding of there is a lack of the practice of serious foul in the last twenty-four months, counted retroactively from the publication of this Decree until the court decision; and

II-to the assessment by the Judge, by motivated decision, of the existence of favorable circumstances the concession.

§ 2º The pardon of which takes care of this Decree does not extend to the ancillary penalties provided for in the Military Criminal Code and the effects of the conviction.

Art. 2º The convict who, until December 25, 2003, has served a quarter of the penalty, if not recidivist, or one third, if recidivist and does not fulfill the requirements of this Decree to receive pardon will have commuted the remaining penalty of a room, if not recidivist, and of a fifth one, if recidivist.

Single paragraph. The agraciated by previous commute will have its benefit calculated on the remnant of the penalty on December 25, 2003, without prejudice to the remand, pursuant to the art. 126 of the Law no 7,210, of July 11, 1984.

Art. 3º Constituent also requirements for granting the pardon and commutation that the convict:

I-did not suffer disciplinary sanction for serious lack, practiced in the latter twelve months of the fulfilment of the penalty, ascertained in the form of the art. 59 and following of Law No. 7,210, of 1984, counted retroactively from the publication of this Decree, computed the detraction of which it treats art. 42 of the Criminal Code, being that in the event of a crime practiced with violence or serious threat against the person, temporal afferition extends to the last twenty-four months; and

II-is not being prosecuted by another crime practiced with violence or serious threat against the person, excepted the criminal infractions of minor offensive potential, or by those described in the art. 7º of this Decree.

Art. 4º The benefits provided for in this Decree are applicable, yet:

I-the sentencing sentence has transitioned on trial only to the prosecution, without prejudice to the defence appeal judgment in the higher instance; or

II-there is recourse from the prosecution that does not aim to majorly the amount of the penalty or the conditions required for granting the pardon and the commutation.

Art. 5º The delinquency of the penalty penalty does not prevent the granting of the pardon or the commutation.

Art. 6º The penalties corresponding to diverse infractions must add up to the effect of the indulge and the commute.

Single paragraph. In the hypothesis of there being contest with infraction described in the art. 7º, the convict shall not be entitled to pardon or commutation while failing to comply, in full, the penalty corresponding to the impediment crime of the benefits (art. 76 of the Criminal Code).

Art. 7º 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-convicted of heinous crime, practiced after the edition of the Law no 8,072, of July 25, 1990, observed the later amendments;

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

Single paragraph. The restrictions of this article, of § 1º of the art. 1º and of the art. 3º of this Decree do not apply to the hypotheses provided for in the inciso IV of the art. 1º.

Art. 8º The authority that custodians the convict and the Penitentiary Council shall forward to the Judgment of Execution the indication of those who meet the necessary requirements for the granting of the benefits provided for in this Decree, within thirty days, counted from its publication.

§ 1º The procedure provided for in the caput of this article will be able to start from trade, the application of the person concerned, from whom the represent, from your spouse, relative or descendant, from the Public Prosecutor's Office, the Penitentiary Council, the administrative authority and the doctor who assists the convict who falls in the situations provided for in the art. 1º, inciso IV.

§ 2º The Judgment of Enforcement will provide decision by listening to the Penitentiary Council, the Public Prosecutor's Office and the defence.

Art. 9º Perfection will be made the pardon after twenty-four months from the expedition of the term of which it treats art. 11, owing the beneficiary, at that time, to maintain good behavior and not to be indicted or prosecuted for felony felony, excepted the criminal infractions of minor offensive potential.

§ 1º If the beneficiary comes to be prosecuted for felony felony, practiced in the period provided for in the caput of that article, the deadline for the improvement of the pardon is deemed to be extended until the definitive trial of the case.

§ 2º Will not prevent the improvement of the pardon supervenience of absolute decision or sentencing decision from which to result, exclusively, restrictive feathers of rights.

Art. 10. The period provided for in the art has elapsed. 9º and complied with the requirements of the benefit, the Judge, heard the Penitentiary Council and the Public Prosecutor's Office and the defence, shall declare extinct the custodian of liberty.

Single paragraph. The defulfillment of the conditions of which it treats art. 9º makes it without effect the conditional pardon, returning the beneficiary to the scheme in which it was found to be in time for the granting of freedom, excluded, for further calculation of penalty, the fruity term in the limits of the same article.

Art. 11. The President of the Penitentiary Council or the authority responsible for the custody of the inmate, after the concessional sentence of the benefit accepted by the person concerned, shall draw his attention, in solemn ceremony, to the conditions laid down by this Decree, putting him in freedom, of everything washing, in self-book, circumstantial term, the copy of which will be remitted to the Judgment of Criminal Enforcement, by handing over another to the beneficiary.

Art. 12. The central bodies of the penitentiary administration will fill the statistical framework, in accordance with the model Annex to this Decree, and shall forward it, by March 31, 2004, to the National Penitentiary Department of the National Registry of Justice of the Ministry of Justice.

Single paragraph. Compliance with the provisions of this article will be scrutinized by the National Criminal and Penitentiary Policy Board and the National Penitentiary Department and verified in the opportunities for inspection or study of resource-backed projects of the National Penitentiary Fund-FUNPEN.

Art.13. This Decree takes effect on the date of its publication.

Brasilia, 1º December 2003; 182º of Independence and 115º of the Republic.

LUIZ INACIO LULA DA SILVA

Márcio Thomaz Bastos