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Decree No. 8380, Of 24 December 2014

Original Language Title: Decreto nº 8.380, de 24 de dezembro de 2014

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DECREE NO. 8,380, OF December 24, 2014

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

THE CHAIRWOMAN OF THE REPUBLIC, in the exercise of competence deprivative that confers you the art. 84, caput, 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 tradition, on the occasion of the commemorative festivities of Christmas, of granting pardon to people convicted or subjected to safety measure and commuting sentences of doomed persons,

DECRETA:

Art. 1º Grants the collective pardon to the people, national and foreign:

I-convicts a deprivative penalty of freedom not exceeding eight years, not replaced by restrictive of rights or fine, and not benefited from the conditional suspension of the penalty which, until December 25, 2014, have fulfilled a third of the penalty, if not recidified, or half, if reincidents;

II-convicts the deprivative sentence of freedom greater than eight years and not more than twelve years, for a crime practiced without serious threat or violence the person, who, until December 25, 2014, has fulfilled a third of the penalty, if not recidified, or half, if reincidents;

III-convicts the deprivative sentence of freedom greater than eight years that, until December 25, 2014, have completed sixty years of age and served a third of the penalty, if not reincidents, or half, if reincidents;

IV-convicts the deprivative penalty of freedom which, until December 25, 2014, have completed seventy years of age and served a quarter of the penalty, if not recidified, or a third, if reincidents;

V-convicts the deprivative penalty of freedom that, until December 25 of 2014, have complied, uninterruptedly, fifteen years of the penalty, if not reincidents, or twenty years, if reincidents;

VI-convicts the deprivative sentence of freedom greater than eight years who have eighteen-year-old child or child with disabilities who need their care and who, until 25 of December 2014, have complied:

a) if man:

1. a third of the penalty, if not reincidents; or

2. half, if reincidents; or

b) if woman:

1. a quarter of the penalty, if not reincidents; or

2. a third, if reincidents;

VII-convicts the custodist penalty of freedom not exceeding the Twelve years, as long as they have already served a third of the penalty, if not recidivist, or half, if recidivist, are serving time in the semi-open or open regime and have already enjoyed, until December 25, 2014 at the minimum, of five temporary outputs provided for in art. 122, combined with the art. 124, caput, of Law No. 7,210, of July 11, 1984-Penal Enforcement Act, or have exercised external work, at a minimum, for twelve months in the three years counted retroactively to December 25, 2014;

VIII-convicts the deprivative sentence of freedom not exceeding twelve years, as long as they have already met a third of the penalty, if not recidivist, or half, if recidivist, are serving time in the semi-open or open regime or are in conditional bookkeeping, and have been attending, or are attending elementary, middle, higher education course professionalizing, or still professional requalification, in the form of the art. 126, caput, of the Criminal Enforcement Act, at a minimum for twelve months in the three years counted retroactively to December 25, 2014;

IX-convicts the custodious sentence of freedom exceeding twelve years, provided they have already served two fifths of the penalty, if not recidified, or three fifths, if recidified, are in semi-open or open arrangements and have completed during the execution of the penalty the course of elementary school and high school, or vocational education or higher, duly certified by local educational authority in the form of the art. 126 of the Penal Enforcement Act, in the three years counted retroactively to December 25, 2014;

X-convicts the penalty of fine, albeit unsettled, regardless of the enforceable phase or judgment in which it is found, applied cumulatively with custodious penalty of freedom fulfilled by December 25, 2014, provided that it does not surpass the minimum value for enrollment of debits in the Union Active Debt, established in act of the Minister of State for Finance, and that it has no economic capacity to quits;

XI-condends:

a) with paraplegia, tetraplegia or blindness, 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 absence of this, by doctor assigned by the doomsday of execution;

b) with paraplegia, tetraplegia or blindness, yet that such conditions are prior to the practice of the offence and to be proven by official medical laureate or, in the absence of this, by physician designated by the judgment of the execution, if it results in serious limitation of activity and restriction of participation expected in the c); or

c) acomeds of serious and permanent illness that present severe limitation of activity and restriction of participation or require ongoing care that cannot be provided in the penal establishment, provided that it has proven the hypothesis by official medical laureate or, in the absence of this, by doctor designated by the enforcement judgement, constying the history of the disease, if there is no opposition from the convicted person;

XII- undergo the safety measure, which, until December 25, 2014, regardless of the cessation of periculousness, have endured deprivation of liberty, internation or outpatient treatment for equal or greater than the maximum of the cominate penalty to the criminal infraction corresponding to the conduct practiced or, in the cases of substitution provided for in the art. 183 of the Penal Enforcement Act, for period equal to the remnant of the cominate conviction;

XIII-convicts the deprivative penalty of freedom, provided that it replaced by restrictive of rights, in the form of the art. 44 of the Decree-Law No. 2,848, of December 7, 1940-Criminal Code, or still benefited from the conditional suspension of the penalty, which, in any way, have complied, by December 25, 2014, a quarter of the penalty, if not recidified, or a third, if recidivists;

XIV-convicts the deprivative penalty of freedom under the open regime or replaced by restrictive penalty of rights, in the form of the art. 44 of the Criminal Code, or still benefited from the conditional suspension of the penalty, which they have complied with, in provisional arrest, until December 25, 2014, one sixth of the penalty, if not recidified, or a fifth, if reincidents;

XV-convicts the deprivative penalty of freedom, which are in conditional bookkeeping or serving time in regime open, whose remaining feathers, on December 25, 2014, are not greater than eight years, if not recidirect, and to six years, if recidials, provided they have served a quarter of the penalty, if not recidirects, or one third, if recidirected;

XVI-convicted of crime against the patrimony committed without grave threat or violence to the person, provided that they have fulfilled a sixth of the penalty, if not recidivism, or a fourth, if recidivism, and repaired the damage until December 25, 2014, unless otherwise unoccurrence of damage or economic inability to repair it;

XVII-convicts the deprivative sentence of freedom greater than eighteen months and not more than four years, for crime against the estate, committed without serious threat or violence to the person, with prejudice to the offending in an estimated value not exceeding a minimum wage, provided that they have, until December 25, 2014, served three months of custodianship of freedom and proof the deposit in judgment of the value corresponding to the injury caused to the victim, unless proven economic incapacity to do so; or

XVIII-convicts of the custodious penalty of freedom which, until December 25, 2014, were victims of torture, pursuant to Law No. 9,455, of April 7, 1997, with a decision transitioned on trial, practiced by public agent or invested in public function in the course of fulfilling its deprivation of liberty.

§ 1º The indulgent of which takes care of this Decree does not extend to the ancillary penalties provided for in the Decree-Law No. 1,001, of October 21, 1969-Military Penal Code, and the effects of the conviction.

§ 2º The indulgent predicted in the inciso VI of the caput does not reach the people convicted of crime practiced with violence or serious threat against the child or daughter.

§ 3º None of the hypothesis contemplated by the pardon dispensing the criminal execution bodies of the forwarding of the person benefited to the integral bodies of the Single Social Assistance System -SUAS in order to ensure the guidance, support and full service to the egresso and his family members.

Art. 2º Grants the commutation of the remaining penalty, awound on December 25, 2014, of a fourth, if not recidiferous, and of a fifth, if recidiferous, to persons sentenced to the deprivative penalty of freedom, not benefitted from the conditional suspension of the penalty that, until the said date, have served a quarter of the penalty, if not recidirects, or one third, if reincidents, and do not fulfil the requirements of this Decree to receive indulgent.

§ 1º The calculation will be made on the period of penalty already served until December 25, 2014, if the period of penalty already fulfilled, discounted the previous commutes, is superior to the remainder.

§ 2º The person who had the previously commuted penalty will have the new commutation calculated on the remnant of the penalty or on the period of penalty already fulfilled, pursuant to the caput and § 1º, without a need for new temporal requirement and without prejudice to the anticipated remand in the art. 126 of the Criminal Enforcement Act.

Art. 3º Grants commuting to persons sentenced to the custotural penalty of freedom who have not, until December 25, 2014, obtained the commutations, from previous decrees, independent of previous order.

Art. 4º In the declaration of the pardon or the commutation of feathers 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, without prejudice to the planned remand in the art. 126 of the Criminal Enforcement Act.

Single paragraph. The application of sanction for a disciplinary lack of a serious nature, provided for in the Criminal Enforcement Act, does not interrupt the counting of the temporal lapse for obtaining the declaration of the pardon or the commutation of penalties provided for in this Decree.

Art. 5º The declaration of the pardon and the commutation of penalties provided for in this Decree shall be conditional upon the non-existence of sanction application, recognized by the competent judgment, at a hearing of justification, guaranteed the right to the adversarial and the broad defence, for a disciplinary lack of a serious nature, provided for in the Criminal Enforcement Act, committed in the twelve months of the sentence, counted retroactively to the date of publication of this Decree.

§ 1º The news of the practice of serious foul occurring after the publication of this Decree does not suspend and nor does it prevent obtaining of indulgent or the commutation of feathers.

§ 2º The restrictions of this article do not apply to predicted hypotheses in the incisos X and XI of the caput of the art. 1º.

Art. 6º The indulgent and feather commutation of which treats this Decree are bootable, yet:

I- the sentence has transitioned on trial to the prosecution, without prejudice to the defense's appeal judgment in the higher instance;

II-there is an appeal of the charge that does not aim at majorly the amount of the penalty or the conditions required for the declaration of the pardon or the commutation of feathers;

III-the doomed person is in conditional bookkeeping;

IV-the convicted person responds to another criminal case, even if it has per object one of the crimes foreseen in the art. 9º; or

V-no pickup tab has been expedited.

Art. 7º The pardon or commutation of the deprivative penalty of freedom or restrictive of rights achieves the penalty of applied fine cumulatively.

Paragraph single. The default of the penalty of fine cumulated with deprivative penalty of freedom or restrictive of rights does not preclude the declaration of the pardon or the commutation of feathers.

Art. 8º The penalties corresponding to various infractions must add up, for the purpose of the declaration of the pardon and the feather switching, until December 25, 2014.

Paragraph single. On the hypothesis of there being contest with crime described in the art. 9º, will not be declared the pardon or commutation of the penalty corresponding to the non-hindrance crime, while the convicted person does not serve two thirds of the penalty, corresponding to the impediment crime of the benefits.

Art. 9º The willing in this Decree does not reach the convicted persons:

I-for the crime of torture or terrorism;

II-by crime of illicit drug trafficking, in the terms of the caput and § 1º of the art. 33 and of the arts. 34 a to 37 of Law No. 11,343 of August 23, 2006;

III-by heinous crime, practiced after the publication of the Laws No 8,072 of July 25, 1990; No 8,930 of September 6, 1994; No 9,695 of August 20, 1998; paragraph 11,464 of March 28, 2007; and No 12,015 of August 7, 2009, observed, still, the subsequent amendments; or

IV-for crimes defined in the Military Criminal Code that 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 Military Penal Code.

Single paragraph. The constraints of this article and the incisos I and II of the caput of the art. 1º do not apply to the hypotheses foreseen in the incisos X, XI and XII and XIII of the art's caput . 1º.

Art. 10. For the declaration of the pardon and commutation of the feathers will not require any requirement other than those provided for in this Decree.

Art. 11. The authority that custodianates the convicted person and the organs of the execution provided for in the incisels III to VIII of the art's caput . 61 of the Criminal Enforcement Act will forward, from trade, to the competent judgement, including by means of digital, in the form of the "f" of the inciso I of the caput of the art. 4º of Law No. 12,714 of September 14, 2012, the list of those who meet the necessary requirements for the declaration of the pardon and the commutation of penalties provided for in this Decree.

§ 1º The Penitentiary System's listeners and the Order of Lawyers of Brazil will be able to refer to the competent judgment a list of which treats the caput.

§ 2º The procedure predicted in the caput can start from trade, the application of the person concerned, from whom the represent, or still, of his spouse or fellow, relative or descendant, of the Public Defensoria, 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, of the Internal Affairs of the Penitentiary System or of the physician who assists the convict enquiry in the situations provided for in the incisies XI and XII of the caput of the art. 1º.

§ 3º The declaration of indulgent and commuting of the feathers will have preference over the decision of any other incident in the course of the criminal execution.

§ 4º For the fulfilment of the willing in the preceding paragraph, mutyons may be arranged by the Courts of Justice, in each State of the Federation.

§ 5º The competent judgment will provide decision after hearing the Public Prosecutor's Office and the defence, within the successive time of five days.

§ 6º Faculty judge of the process of knowledge, in the hypothesis of primary condensed persons, provided that there is the traffic on trial of the sentencing sentencing for the Public Prosecutor's Office, the statement of the pardon contemplated in this Decree.

Art. 12. The benefits contained in this Decree relating to the scheme open to those arrested persons who are compliant under open house arrangements apply.

Art. 13. The central bodies of the penitentiary administration shall forward, immediately, copy of this Decree to the penitentiary units and fill in the constant statistical framework of the Annex model, and shall refer it to the National Penitentiary Department of the Ministry of Justice within six months of the date of publication of this Decree.

§ 1º The National Penitentiary Department will keep published, on its portal of the worldwide computer network, statistical framework, broken down by gender and federative unit, containing the information on the amount of people favored by this Decree.

§ 2º The fulfillment of the provisions of the caput will be scrutinised by the Council National Criminal and Penitentiary Policy and by the National Penitentiary Department, and verified in the inspection or study opportunities of projects backed into National Penitentiary Fund resources-Funpen.

Art. 14. This Decree comes into effect on the date of its publication.

Brasilia, December 24, 2014; 193º of Independence and 126º of the Republic.

DILMA ROUSSEFF

José Eduardo Cardozo