Decree No. 4011, of 13 NOVEMBER 2001 Grants clemency, commute sentences and other matters.
The PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, paragraph XII, of the Constitution, with a view to the manifestation of the National Council of Criminal and Penitentiary Policy, and considering the tradition of granting, on the occasion of the commemorative festivities of Christmas pardon to convicted in position to earn it, providing you with the opportunity to return to living in society, main objective of penal sanction, D and C R E T a: Art. first conditional pardon is granted to: (I)-sentenced to custodial sentence not exceeding six years, until 25 December 2001, has served one-third of the sentence, if not repeat offender, or half, if a repeat offender;
II-sentenced to custodial sentence of more than six years, until 25 December 2001, has completed 60 years of age and completed one-third of the sentence, if not repeat offender, or half, if a repeat offender;
III-sentenced to deprivation of freedom, until 25 December 2001, has fulfilled without interruption twenty years of shame, if not repeat offender, or twenty-five years, if a repeat offender;
IV-sentenced to custodial sentence, quadriplegic or irreversible illness afflicted at an advanced stage and continuous care determinant, proven by official medical report or, failing that, a doctor designated, provided that there is no opposition from the right, received assistance pursuant to art. 196 of the Constitution;
V-con, benefited with conditional suspension of sentence execution until 31 December 2000, providing you have fulfilled half of the trial period, without revocation of probation or an extension of your trial period; or the convict who had a custodial sentence replaced with restrictive sentence, and has fulfilled half of the sentence, without conversion to deprivation of liberty;
I saw him sentenced to custodial sentence not exceeding eight years, benefited from parole until 31 December 2000, and there has been its repeal;
VII-convict who has obtained the progression scheme open until 31 December 2000, without subsequent regression, pursuant to art. 118 of law nº 7210 of 11 July 1984;
VIII-sentenced to custodial sentence to be served in an open regime, since 31 December 2001, has already served half of the sentence, and there have been no subsequent regression, pursuant to art. 118 of law nº 7210, 1984.
§ 1 For the convicted of felonies committed with violence or serious threat to the person, the grant of pardon shall be subject to verification by the judge of personal conditions that do assume it won't commit.
§ 2 the pardon that looks after this Decree does not extend to ancillary penalties provided for in the Military Penal Code and effects of the conviction.
Art. 2nd the convict who, until 25 December 2001, has fulfilled a room, if not a repeat offender, or a third, if a repeat offender, and do not complete the requirements of this Decree to receive clemency, have commuted his sentence to a room, if not a repeat offender, and a fifth, if a repeat offender.
Sole paragraph. The previous switching will be bestowed for your benefit calculated on the remainder of the sentence on December 25 2001, without prejudice to the redemption provided for by art. 126 of law nº 7210, 1984.
Art. 3 Are also requirements for granting the pardon and commutation to convicted: I-has not been guilty of grave ascertained as provided in law No. 7210, 1984, during the last twelve months of compliance, computed detração (art. 42 of the Decree-Law No. 2848 of 7 December 1940-Penal Code);
II-is not being prosecuted for other crimes practiced with violence or serious threat against the person or those described in art. 10 of this Decree.
Art. 4 the reprieve will improve after twenty-four months from the date of dispatch of the term of art. 6, and the beneficiary, within that period, did not commit any crime, as well as maintain good behavior.
Sole paragraph. If the beneficiary were to be processed by another crime, practiced in the period referred to in the caput of this article shall be considered extended the period for the perfection of reprieve, until the final judgement of the process.
Art. 5 upon expiry of the period provided for in art. 4 and the requirements of the benefit, the Judge, heard the penitentiary Council and the Department of public prosecutions, declare the penalty involving deprivation of liberty.
Sole paragraph. The breach of the conditions of the final part of the art. 4 makes void the conditional pardon, returning the beneficiary of the regime it was at the time of granting of liberty, deleted, for recalculation, the term noise within the limits of the same article.
Art. 6th President of the penitentiary Council or authority responsible for the custody of the prisoner or who is responsible for monitoring the conditions of the open regime, restrictive law, sentences of conditional suspension of sentence, the parole, after the sentence concessiva of the benefit that is accepted by the person concerned, shall draw the attention of the indultandos, in solemn ceremony, to the conditions laid down by this Decree by placing them in freedom, all tilling, in a proper book, term., a copy of which will be forwarded to the Penal Execution judge, indulging another beneficiary.
Art. 7 the benefits provided for in this Decree shall apply even if: i. the enforceable judgment has become final only for the charge, without prejudice to the trial the defence resource in higher instance;
II-there is no charge feature to change the amount of the penalty or the conditions for granting the pardon and commutation.
Art. 8 bad pecuniary penalty does not prevent the granting of pardon or commutation.
Art. 9 the penalties corresponding to various infractions should added for effect of pardon and commutation, excluding the benefits the infractions or situations provided for in art. 10 of this Decree.
Art. 10. The benefits provided for in this Decree does not reach the: (I)-convicted of heinous crimes or crime of torture, terrorism or illicit trafficking of narcotics and related drugs;
II-convicted of murder;
III-convicted of aggravated robbery with the use of a firearm;
IV-condemned that, although solvents, have left to repair the damage;
V-convicted of crimes defined in the criminal code that correspond to the events contemplated in items I, II and III of this article;
I saw him convicted of crimes against the national financial System (Law No. 7492, June 16, 1986).
Sole paragraph. The restrictions of this article, paragraph 1 of art. 1 and art. 3 of this Decree shall not apply to events contemplated in item IV of the art. 1.
Art. 11. The authority to guard the sentenced or who is responsible for monitoring the conditions of the open regime, restrictive law, sentences of conditional suspension of sentence, the parole and penitentiary Council will judge the Penal Execution the indication of those who meet the requirements for the granting of the benefits provided for in this Decree, within thirty days After its publication.
(1) the procedure provided for in the caput of this article may begin to trade, at the request of the person concerned, who represents it, to your spouse, relative or descendant, of the Public Ministry, the penitentiary Council, the management authority and the doctor who watches the convict or advanced stage patient quadriplegic and determinant of continuous care.
(2) the Penal Execution judge shall issue a decision within thirty days from the date of receipt of the statement or the application, giving priority to cases of condemned inmates.
Art. 12. The Central Penitentiary Administration bodies shall complete the statistical table, in accordance with the annex to this Decree, and shall forward it until 31 March 2002 the National Penitentiary Department of the National Secretariat of Justice of the Ministry of Justice.
Sole paragraph. The provisions of this article shall be monitored by the National Penitentiary Department and checked in the inspection or study opportunities of projects backed by National Penitentiary Fund-FUNPEN.
Art. 13. This Decree shall enter into force on the date of its publication.
Brasília, 13 November 2001; 180 degrees of independence and 113 of the Republic.
FERNANDO HENRIQUE CARDOSO José Gregori N and X