Decree No. 8380, Of 24 December 2014

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$9.99.
Decree No. 8380, of 24 DECEMBER 2014 Grant Christmas pardons and commutation of sentences, and other matters.
The President of the REPUBLIC, in exercise of the private jurisdiction which gives the art. 84, heading, paragraph XII, of the Constitution, with a view to the manifestation of the National Council of Criminal and Penitentiary Policy, hosted by the Minister of State for Justice, and considering the tradition, on the occasion of the commemorative festivities of Christmas, to grant clemency to people convicted or subject to security measures and commute sentences of sentenced persons, DECREES: Art. first the collective pardon granted to national and foreign people: I-condemned to custodial sentence not exceeding eight years, not replaced by restrictive of rights or a fine, and not benefited with the conditional suspension of sentence which, until December 2014 25, have met one-third of the sentence, if not repeat offenders, or half, if repeat offenders;
II-condemned to custodial sentence of more than eight years and not exceeding twelve years, for crimes practiced without serious threat or violence to person, until 25 December 2014, have met one-third of the sentence, if not repeat offenders, or half, if repeat offenders;
III-condemned to custodial sentence of more than eight years, until December 2014 25, have completed 60 years of age and completed one-third of the sentence, if not repeat offenders, or half, if repeat offenders;
IV-condemned to deprivation of freedom, until December 2014, 25 have completed 70 years of age and completed a quarter, if not repeat offenders, or one-third, if repeat offenders;
V-condemned to deprivation of freedom, until 25 December 2014, have met, without interruption, fifteen years, if not repeat offenders, or twenty years if repeat offenders;
I saw him sentenced to custodial sentence of more than eight years that have son or daughter under the age of eighteen years or with disabilities that need their care and that, until December 2014 25, have met: a) if: 1. one-third of the sentence, if not repeat offenders; or 2. half, if repeat offenders; or b) woman: 1. a room, if not repeat offenders; or 2. a third, if repeat offenders;
VII-condemned to custodial sentence not exceeding twelve years, since they have already served one-third of the sentence, if not repeat offenders, or half, if offenders are serving a sentence in the open or semi-open regime and have already enjoyed, until 25 December 2014, at least five temporary outputs provided for in art. 122, combined with the art. 124, caput, of law nº 7210 of 11 July 1984-Criminal law enforcement, or have worked in the field, at least twelve months during the three years counted backwards to 25 December 2014;
VIII-condemned to custodial sentence not exceeding twelve years, since they have already served one-third of the sentence, if not repeat offenders, or half, if offenders are serving a sentence in the open or semi-open regime or are on parole, and have attended or are attending elementary, middle course, higher, vocational training, or retraining, in the form of art. 126, caput, of the law of Criminal Execution for at least twelve months during the three years counted backwards to 25 December 2014;
IX-condemned to custodial sentence more than 12 years, since I have met two-fifths of the penalty, if not repeat offenders, or three-fifths, if repeat offenders, are in open or semi-open regime and have completed during the execution of the sentence the course of elementary school and the high school, or vocational or higher education, duly certified by local education authority in the form of art. 126 of the Penal Execution Law, within three years counted backwards to 25 December 2014;
X-condemned the threat of a penalty, even if not paid in full, regardless of the enforceable judgment or phase in which applied cumulatively with custodial sentence served until 25 December 2014, provided that does not exceed the minimum value for registration of debts on Debt of the Union, established in Act of the Minister of finance, and that does not have economic ability of paying it;
XI-condemned: a) with paraplegia, tetraplegia or blindness, since such conditions are not earlier than practice of the offense and be proved by official medical report or, failing that, by a physician designated by the judgment of execution;
b) with paraplegia, tetraplegia or blindness, even if such conditions are prior to practice of the offense and be proved by official medical report or, failing that, by a physician designated by the judgment of the implementation, if resulting in severe activity limitation and participation restriction referred to in paragraph "c"; or c) with serious and permanent disease presenting severe activity limitation and participation restriction or require continuous care which cannot be provided in the penal establishment, since proven the hypothesis by official medical report or, failing that, by a physician designated by the judgment of the execution, in the history of the disease, if there is no opposition of the sentenced person;
XII-subjected to security measures, which, until 25 December 2014, regardless of the termination of dangerousness, they supported freedom, hospitalization or outpatient treatment for a period equal to or greater than the maximum and propriety to the criminal infraction penalty corresponding to the conduct committed or, in the case of replacement referred to in art. 183 of the Criminal Execution Act, for a period equal to the remainder of the conviction and propriety;
XIII-condemned to custodial sentence, since replaced by restrictive of rights, in the form of art. 44 of Decree-Law No. 2848 of 7 December 1940-Penal Code, or benefited with the conditional suspension of sentence, which, anyway, have met until December 25, 2014, if not repeat offenders, or one-third, if repeat offenders;
XIV-condemned to custodial sentence under open or replaced by pity restrictive of rights, in the form of art. 44 of the Penal Code, or benefited with the conditional suspension of sentence, who have met in protective custody until 25 December 2014, one-sixth of the sentence, if not repeat offenders, or one fifth, if repeat offenders;
XV-condemned to custodial sentence, who are on parole or serving time in an open regime, whose remaining feathers, in 25 December 2014, not exceeding eight years, if not repeat offenders, and to six years, if repeat offenders, provided they have served one quarter, if not repeat offenders, or one-third, if repeat offenders;
XVI-convicted of crime against property committed no serious threat or violence to person, provided they have served one-sixth of the sentence, if not repeat offender, or a room, if a repeat offender, and repaired the damage until 25 December 2014, unless inocorrência of damage or economic inability to fix it;
XVII-condemned to custodial sentence exceeding eighteen months and not exceeding four years, for crimes against property, made without serious threat or violence to the person, with prejudice to the offended in estimated value not exceeding one minimum wage, provided that they have until December 25, 2014 completed three months of imprisonment and proving the deposit in escrow of the value corresponding to the injury caused to the victim unless proven inability to do it; or XVIII-condemned to deprivation of freedom, until December 2014 25, have been victims of torture, in accordance with law No. 9455, of 7 April 1997, with final decision, practiced by public officer or invested in public function in the course of the performance of their deprivation of liberty.
§1 the pardon that looks after this Decree does not extend to ancillary penalties provided for in Decree-Law No. 1001 of 21 October 1969-Military Penal Code, and effects of the conviction.
§ 2 the pardon provided for in item VI of the heading does not reach people convicted of crime practiced with violence or serious threat against the son or the daughter.
§ 3 any of the hypothesis under pardon dispenses the implementing bodies of the criminal forwarding the person benefited to the members of the Social Assistance system-in order to ensure the guidance, support and assistance to former student and their families.
Art. 2 grants the reprieve, checked on 25 December 2014, a room, if not repeat offenders, and a fifth, if repeat offenders, persons sentenced to custodial sentence, not benefited with the conditional suspension of sentence which, up to that date, have met a room, if not repeat offenders, or one-third, if repeat offenders , and do not satisfy the requirements of this Decree to receive clemency.
§ 1 the calculation will be done about the period of sentence already served until 25 December 2014, if the period of sentence already served, discounted the previous switches, is higher than the remainder.
(2) the person who had previously commuted punishment will have the new switching calculated on the remainder of the sentence or period of sentence already served, under the heading and paragraph 1, without the need for new temporal requirement and without prejudice to the redemption provided for in art. 126 of the Penal Execution Law.
Art. 3 grants commutation to persons sentenced to custodial sentence which has not, until December 2014 25, obtained the previous decrees, switches, regardless of previous application.

Art. 4th in the Declaration of pardon or commutation of sentences should, for the purposes of payment of the temporal requirement, be computed detração contemplated in art. 42 of the Penal Code and, when applicable, the art. 67 of the Military Penal Code, without prejudice to the redemption provided for in art. 126 of the Penal Execution Law.
Sole paragraph. The application of sanction for lack discipline of the gravest nature, under the law of Criminal Execution does not stop counting the time lapse for obtaining the Declaration of clemency or commutation of penalties laid down in this Decree.
Art. 5 the Declaration of pardon and commutation of sentences provided for in this Decree is subject to the lack of application of sanctions, recognized by the competent judgment, on hearing of justification, guaranteed the right to adversarial and ample defense, lacking discipline of the gravest nature, foreseen in the Penal Execution Law, committed during the 12 months of compliance, counted retroactively to the date of publication of this Decree.
§ 1-the news of serious misconduct which occurred after the publication of this Decree does not suspend and or prevents the achievement of pardon or commutation of sentences.
(2) the restrictions of this article does not apply to events contemplated in sections X and XI of the caput of the art. 1.
Art. 6 the pardon and commutation of sentences of this Decree are applicable, though: I-the judgment has acquired the authority of a final decision for the prosecution, without prejudice to the trial the defence resource in higher instance;
II-there is no charge feature aimed at increasing the amount of the penalty or the requirements for the Declaration of pardon or commutation of sentences;
III-the sentenced person is on parole;
IV-the sentenced person from responding to other criminal proceedings, even for one of the crimes referred to in object art. 9; or V-has not been issued to recoil Guide.
Art. 7 the pardon or commutation of the penalty involving deprivation of liberty or restrictive of rights reaches the fine penalty applied cumulatively.
Sole paragraph. The default of the fine penalty cumulated with custodial sentence or restrictive of rights does not preclude the Declaration of clemency or commutation of penalties.
Art. 8 the penalties corresponding to various infractions should add, for the purpose of the Declaration of pardon and commutation of sentences, until 25 December 2014.
Sole paragraph. In the event of there being competition with crime described in art. 9, will not be declared the pardon or commutation of the penalty corresponding to the crime deterrent, while the convicted person does not meet two thirds of the sentence, corresponding to the crime deterrent benefits.
Art. 9 the provisions of this Decree does not reach the sentenced persons: I-for the crime of torture or terrorism;
II-for the crime of illicit drug trafficking, in accordance with the chapeau and paragraph 1 of art. 33 and the arts. 34 to 37 of law No. 11343, August 23 2006;
III-heinous crime, practiced after the publication of Law No. 8072 of 25 July 1990; paragraph 8930, of 6 September 1994; paragraph 9695, of 20 August 1998; paragraph 11464, of 28 March 2007; and no. 12015, August 7 2009, observed, the subsequent amendments; or IV-for crimes defined in the Military Penal Code that match the crimes referred to in items I and II, except when configured situation of drug use provisions of art. 290 of the Military Penal Code.
Sole paragraph. The restrictions of this article and the sections I and II of the caput of the art. 1 shall not apply to the events contemplated in sections X, XI and XII and XIII of the caput of the art. 1.
Art. 10. For the Declaration of pardon and commutation of sentences do not require another requirement, or those laid down in this Decree.
Art. 11. The authority to guard the sentenced person and the organs of execution provided for in sections III to VIII of caput of the art. 61 of the law of Criminal Execution will, ex officio, to wit, including through digital, in the form of the item "f" of sub-item I of the caput of the art. 4 of law No. 12714, of 14 September 2012, the list of those who meet the requirements for the Declaration of pardon and commutation of sentences provided for in this Decree.
(1) The Ombudsman of the penitentiary system and the order of lawyers of Brazil will be able to forward to the competent judgment the list referred to in the caput.
§ 2 the procedure provided for in the caput may be initiated ex officio, at the request of the person concerned, who represents it, or of his spouse or partner, relative or descendant, the public defender's Office, of the order of lawyers of Brazil, of the Public Ministry, the penitentiary Council, Community Council, the employers, the administrative authority, the Ombudsman of the penitentiary system, the Prison System's internal affairs or the doctor who watches the convict who fits in the situations provided for in items XI and XII the caput of the art. 1.
§ 3 the Declaration of pardon and commutation of sentences takes precedence over the decision of any other incident in the course of criminal execution.
paragraph 4 For the provisions of the preceding paragraph, may be organized rallies by courts of law in each State of the Federation.
§ 5 the competent judgment shall issue a decision after hearing the prosecution and the defense, within five successive days.
paragraph 6 Provides to judge the process of knowledge, in the event of sentenced persons, as long as there is traffic in the condemnatory sentence to the District Attorney, the Declaration of the pardon included in this Decree.
Art. 12. Apply the benefits contained in this Decree concerning the regime open to people trapped in penalty complying with open house.
Art. 13. The central bodies of the penitentiary administration will immediately copy of this Decree to units and prisons fill the statistical table provided in Annex model, and send it to the National Penitentiary Department of the Ministry of justice within six months of the date of publication of this Decree.
(1) the National Penitentiary Department will keep posted, on your Web portal, statistical table, broken down by genre and federative unit, containing the information about the amount of people favored by this Decree.
(2) compliance with the provisions in the caput shall be supervised by the National Council of Criminal and Penitentiary Policy and the National Penitentiary Department, and checked in the inspection or study opportunities of projects backed by National Penitentiary Fund-Funpen.
Art. 14. This Decree shall enter into force on the date of its publication.
Brasília, 24 December 2014; 193 of independence and 126 of the Republic.
ROUSSEFF José Eduardo Cardozo

Related Laws

2007 Decree No.