DECREE NO. 7,046, OF December 22 OF 2009.

Concede natalino indulge and feather switching, and gives others providences.

The PRESIDENT OF THE REPUBLIC, in the exercise of the deprivative competence that confers him the art. 84, inciso XII, of the Constitution, in view of the manifestation of the National Criminal and Penitentiary Policy Council, hosted by the Minister of State for Justice, and considering the tradition of granting indulgence and commuting sentences to the convicted persons or subjected to the safety measure in conditions of deserving it, on the occasion of the commemorative Christmas festivities, providing them with opportunities for their harmonic social integration,

DECRETA:

Art. 1st It is granted pardon to people:

I-convicts of the custodist of freedom not exceeding eight years, no replaced by restrictive of rights or fine and not benefited from the conditional suspension of the penalty, which, until December 25, 2009, have fulfilled a third of the penalty, if not recidified, or half, if reincidents;

II-convicts of the deprivative sentence of freedom greater than eight years that, until December 25, 2009, have completed sixty years of age and served a third of the penalty, if not reincidents, or half, if reincidents;

III-convicts of the custodianship penalty of freedom which, until December 25, 2009, have complied, in a closed or semi-open regime, uninterruptedly, fifteen years of the penalty, if not reincidents, or twenty years, if reincidents;

IV-convicts of the custodisdic penalty of freedom greater than eight years which, until December 25, 2009, have complied, in a closed or semi-open regime, one third of the penalty, if not recidivist, or half, if recidivist, and have child or child of eighteen-year-old or with mental disability, physics, visual or auditory, whose care of them in need;

V-convicts to the custotic penalty of freedom greater than six years and not more than twelve years, provided that you have already served two fifths of the penalty, if not recidivists, or three fifths, if recidivists, find themselves serving time in the semi-open or open regime and have already enjoyed, until 25 of December 2009, at the earliest, of five temporary outputs foreseen in the art. 122, combined with the art. 124, caput, of the Law no 7,210, of July 11, 1984;

VI-convicts to the penalty of fine, yet unsettled, regardless of the enforceable phase or judgment in which it finds itself, applied cumulatively with deprivative penalty of freedom fulfilled until December 25, 2009;

VII-condensed:

a) paraplegic, tetraplegic or total blindness carriers, provided that such conditions are not prior to the practice of the offence and whether they are proven by official medical laude or, in the lack of this, by doctor designated by the judgment of the execution;

b) paraplegic, tetraplegic or full blindness carriers, even if such conditions are prior to the practicing of the offence and to be proven by official medical laureate or, failing this, by doctor designated by the enforcement judgement, if they result in the severe disability provided for in the letter ? c? of this incisus;

c) acometained, cumulatively, of serious illness, permanent, presenting severe disability, with severe limitation of activity and restriction of participation, requiring continuous care, as long as proven by official medical laureate or, in the absence of this, by doctor assigned by the enforcement judgement, constying the history of the illness, should there be no opposition from the beneficiary, held the right of assistance pursuant to art. 196 of the Constitution;

VIII-submitted to the security measure, regardless of cessation of the periculousness which, until December 25, 2009, have endured deprivation of liberty, internation or outpatient treatment for a period equal to or greater than the maximum penalty made up of the criminal infraction corresponding to the conduct practiced, or, in cases of replacement provided for in the art. 183 of Law No. 7,210, of 1984, by equal period of the time of the conviction, upheld the right of assistance pursuant to the art. 196 of the Constitution;

IX-convicts of the custodising of liberty, as long as it replaced by non-custodist penalty of freedom, in the form of the art. 44 of the Criminal Code, which they have fulfilled, albeit by conversion, deprived of liberty, by December 25, 2009, one third of the penalty, if not recidirect, or half, if recidirected;

X-convicts of the deprivative penalty of freedom, which are serving time in open regime, whose remaining feathers, on December 25, 2009, are not more than six years, if not recidirect, and to four years if recidirect, provided they have met a third if not recidirect and half, if reincidents.

Paragraph single. The pardon of which takes care of this Decree does not extend to the ancillary penalties provided for in the Military Criminal Code-Decree-Law no 1,001, of October 21, 1969, and the effects of the conviction.

Art. 2nd people sentenced to the deprivative sentence of freedom, not benefitted from the conditional suspension of the Penalty, which, until December 25, 2009, have served a quarter of the penalty, if non-recidious, or one third, if reincidents, and do not fulfil the requirements of this Decree to receive pardon, will have commuted the remaining penalty of a room, if not reincidents, and of a fifth, if reincidents, awound on the above-mentioned date, save if the period of penalty already fulfilled, discounted the previous commutations, is higher than the remainder, hypothesis in which the calculation will be made over the period of penalty already served until December 25, 2009.

Single paragraph. The person graced by the previous commute will have its benefit calculated on the remainder of the penalty or on the period of penalty already fulfilled, in the terms of the caput, with no need for a new temporal requirement and without prejudice to the anticipated remittal in the art. 126 of the Act in the 7,210, from 1984.

Art. 3rd In the granting of the pardon or the commutation should, for the purposes of the integralisation of the temporal requirement, be computed the detraction of which it treats the art. 42 of the Criminal Code and, when it is the case, the art. 67 of the Military Criminal Code-Decree-Law no 1,001, of 1969, without prejudice to the planned remand in the art. 126 of the Act in the 7,210, from 1984.

Single paragraph. The application of sanction for a disciplinary lack of a serious nature, provided for in the Act No 7,210, of 1984, does not interrupt the temporal lapse count for achieving the benefits provided for in this Decree.

Art. 4th The granting of the benefits of this Decree is conditional on the non-existence of sanction application, approved by the competent judgement, guaranteed the adversarial and the broad defence for a disciplinary lack of a serious nature, provided for in the Act no 7,210, of 1984, committed in the last twelve months of compliance with the penalty, counted retroactively to the publication of this Decree.

Single paragraph. The practice of bad foul, without proper ascertaining, in the terms of the caput, does not preclude the achievement of the benefits provided for in this Decree.

Art. 5th The benefits predicted in this Decree are applicable, yet:

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

II-there is an appeal of the charge that does not aim to majorate the amount of the penalty or the conditions required for the granting of the indulge and commute; or

III-be the person doomed in bookkeeping probation.

Art. 6th The delinquency of the penalty of fine, cumulated with deprivative penalty of freedom, does not prevent the granting of the pardon or the commutation.

Art. 7th feathers corresponding to diverse infractions must add up for effect of the indulgent and the commute.

Single paragraph. In the hypothesis of there being contest with infraction described in the art. 8th, the convicted person shall not be entitled to the pardon or commutation of the penalty corresponding to the non-hindrance crime, while failing to comply, at a minimum, two thirds of the penalty, corresponding to the impediment crime of the benefits (art. 76 of the Criminal Code).

Art. 8th The benefits provided for in this Decree do not reach the condensed persons:

I-for the crime of torture, terrorism, or illicit drug trafficking, in the terms of the arts. 33, caput and § 1st, and 34 a to 37 of the Law no 11,343, of August 23, 2006;

II-by heinous crime, practiced after the edition of the Laws in us 8,072, of July 25, 1990, 8,930, of September 6, 1994, 9,695, of August 20, 1998, 11,464, of March 28, 2007, and 12,015, of August 7, 2009, observed, still, the later amendments;

III-for crimes set out in the Military Criminal Code-Decree-Law no 1,001, of 1969, which correspond to the offences set out in the incisos I and II, except when set up situation of the use of drugs disposed of the art. 290 of the said Military Penal Code.

Single paragraph. The constraints of this article and the inciso I of art. 1st shall not apply to the hypotheses provided for in the incisos VI, VII and VIII of the cited art. 1st.

Art. 9th The authority that custodiates the convicted person and the Board Penitentiary will forward, from offending, to the judgment of execution the list of those who meet the necessary requirements for the granting of the benefits set out in this Decree.

§ 1st The procedure predicted in the caput will be able to start from craft, the application of the person concerned, from whom the represent, from his spouse or fellow, relative or descendant, of the Public Defensorship, of the Order of Advogados of Brazil, of the Public Prosecutor's Office, of the Penitentiary Council, of the Council of the Community, of the patronage, of the administrative authority, of the Ouvidory of the Penitentiary System, the Internal Affairs of the Penitentiary System or the physician who assists the convict who falls in the situations provided for in the incisies VII and VIII of the art. 1st.

§ 2nd The judgment of the execution will provide decision after hearing the Public Prosecutor's Office, the defence and the Penitentiary Council, excepted this in the hypotheses contemplated in the incisies VI, VII and VIII of the art. 1st.

§ 3rd The manifestation of the Penitentiary Council of which it treats § 2nd should occur in the maximum term of fifteen days, counted from the date of receipt, by the reporter of the procedure of the enforcement incident that deals with the pardon or commutation of penalty.

Art. 10. The central bodies of the penitentiary administration shall forward, immediately, copy of this Decree to the penitentiary units and shall fill in the constant statistical framework of the Annex model, and shall refer it, up to one year from the date of publication of this Decree, to the National Penitentiary Department of the Ministry of Justice.

§ 1st National Penitentiary Department will keep published, on its portal of the worldwide computer network, statistical framework, broken down by federative unity, containing the information on the quantity of benefits enjoyed by this Decree.

§ 2nd fulfillment of the willing in the caput will be scrutinised by the National Criminal Policy Council and Penitentiary and by the National Penitentiary Department, and verified in the inspection or study opportunities of fun-backed projects of the National Penitentiary Fund-FUNPEN.

Art. 11. This Decree comes into effect on the date of its publication.

Brasilia, December 22, 2009; 188th of the Independence and 121st of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

ANNEX

INDULGE OF CHRISTMAS 2009

REASONS DETERMINANTS OF CONDEMNATION	BENEFITED BY THE ARTICLES
	1st		2o
	MASC.	FEM.	MASC.	FEM.
1-CRIMES AGAINST A PESSOA
HOMICIDE
BODILY INJURIES
OUTROS
2-CRIMES AGAINST THE PATRIMONY
FURTO
THEFT
EXTORTION
ESTELIONATO
OUTROS
3-CRIMES AGAINST THE COSTUMES
TODOS
4-CRIMES AGAINST PEACE PUBLIC
TODOS
5-CRIMES AGAINST THE FAITH PUBLIC
ALL
6-CRIMES AGAINST THE ADMINISTRATION PUBLIC
TODOS
TOTAL