DECREE NO. 4,011, OF November 13, 2001

Concede indulge, commutes feathers and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, inciso XII, of the Constitution, in view of the manifestation of the National Council of Criminal and Penitentiary Policy, and considering the tradition of granting, on the occasion of the commemorative Christmas festivities, forgiveness to the condemned in conditions of earn it, providing you with the opportunity for useful return to the convivid of society, higher objective of the penal sanction,

D E C R E T A:

Art. 1º It is granted parole parole to:

I-sentenced to the custodian sentence of not more than six years which, until December 25, 2001, has served a third of the penalty, if not recidivism, or half, if recidivism;

II-sentenced to the custodian sentence of freedom greater than six years which, until December 25, 2001, has completed sixty years of age and served a third of the penalty, if not recidivist, or half, if recidivist;

III-sentenced to the custodious penalty of freedom that, until December 25, 2001, has complied uninterruptedly twenty years of the penalty, if not recidivist, or twenty-five years, if recidivist;

IV-sentenced to the custodious penalty of freedom, tetraplegic or acometric disease serious irreversible internship and determinant of continuous care, proven by official medical laude or, in the absence of this, designated doctor, provided that there is no opposition from the beneficiary, maintained the right of assistance pursuant to art. 196 of the Federal Constitution;

V-convict, benefited with conditional suspension from the execution of the penalty until December 31, 2000, provided that he has served half of the period of proof, without there having been revocation of the sursis or prolongation of your probation period; or the convict who had the custotic penalty of liberty replaced by restrictive penalty of rights, and has served half the sentence, without there having been any conversion into a custotic penalty of liberty;

VI-sentenced to the custodist of freedom of not more than eight years, benefited from conditional bookkeeping until December 31, 2000, and has not occurred its revocation;

VII-convict who has obtained progression to open regime until December 31, 2000, without there having been further regression, under the art. 118 of Law No. 7,210 of July 11, 1984;

VIII-sentenced to the deprivative penalty of freedom to be served initially in open regime, provided that on December 31, 2001, it has already served half of the penalty, and there has been no later regression, in the terms of art. 118 of Law No. 7,210, 1984.

§ 1º For the felony convict, committed with violence or serious threat to the person, the granting of the pardon will be contingent upon the finding by the Judge of personal conditions that make presuming who will not return to delinquency.

§ 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, 2001, has served a quarter of the penalty, if not recidivist, or a third, if recidivised, and does not fulfill the requirements of this Decree to receive pardon, will have commuted his sentence of a fourth, if not recidivist, and of a fifth, if reincident.

Single paragraph. The agraciated by previous commute will have its benefit calculated on the remnant of the penalty on December 25, 2001, without prejudice to the remittal predicted by the art. 126 of Law No. 7,210, of 1984.

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

I-did not commit serious lack ascertained in the form provided for in the Act No. 7,210, from 1984, during the last twelve months of fulfilment of the penalty, computed the detraction (art. 42 of the Decree-Law No. 2,848, of December 7, 1940-Penal Code);

II-is not being prosecuted for another crime practiced with violence or serious threat against the person or those described in the art. 10 of this Decree.

Art. 4º The indulgent will perfect after twenty-four months from the expedition of the term that treats art. 6º, owing the beneficiary, at that time, not to practise any offence, as well as to maintain good behaviour.

Single paragraph. If the beneficiary comes to be prosecuted for another crime, practiced in the period provided for in the caput of this article, the deadline for the improvement of the pardon is deemed to be extended until the definitive trial of the case.

Art. 5º Elapsed the deadline set in the art. 4º and complied with the requirements of the benefit, the Judge, heard the Penitentiary Council and the Public Prosecutor's Office, shall declare extinct the custodian of liberty.

Single paragraph. The defulfillment of the conditions of which it treats the final part of the art. 4º 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. 6º The President of the Penitentiary Council or the authority responsible for the custody of the inmate or who is responsible for the monitoring of the conditions of the open regime, the restrictive law penalties, conditional suspension of the penalty, of the conditional booklet, after the concessional sentence of the benefit accepted by the person concerned, will draw the attention of the indulgent, in solemn ceremony, to the conditions laid down by this Decree, putting them in freedom, of everything washing, in own book, circumstantial term, the copy of which will be remitted to the Judge of Criminal Enforcement, giving himself another to the beneficiary.

Art. 7º 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 defense's appeal judgment in the higher instance;

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

Art. 8º The default of the penalty does not prevent the granting of the pardon or the commutation.

Art. 9º As feathers corresponding to diverse infractions must add up to the effect of the indulgent and the commute, excluding the benefits the infractions or situations provided for in the art. 10 of this Decree.

Art. 10. The benefits provided for in this Decree do not achieve the:

I-convicted of heinous crimes or for the crime of torture, terrorism, or illicit trafficking of narcotics and related drugs;

II-condemned by felony murder;

III-convicted of qualifying theft with the employment of firearm;

IV-convicts who, although solvent, have ceased to repair the damage;

V-condemned by crimes set out in the Military Criminal Code that correspond to the hypotheses provided for in the incisies I, II and III of this article;

VI-convicted of crimes against the National Financial System (Law No. 7,492 of June 16, 1986).

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. 11. The authority that custodians the convict or who is responsible for the monitoring of the conditions of the open regime, restrictive law penalties, conditional suspension of the sentence, the conditional booklet and the Penitentiary Council shall forward the Judge of the Criminal 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 laid down in the caput of this article will be able to start from a workshop, the application of the person concerned, from whom the represent, of his spouse, relative or descendant, of the Public Prosecutor's Office, the Penitentiary Council, the administrative authority and the physician who watches the convicted tetraplegic or sick in advanced stage and determinant of continuos care.

§ 2º The Criminal Enforcement Judge will make a decision within thirty days, from receipt of the nomination or the application, giving priority to the prosecutions of convicts arrested.

Art. 12. The central bodies of the Penitentiary Administration will fill the statistical framework, in accordance with the model attached to this Decree, and shall forward it by March 31, 2002 to the National Penitentiary Department of the National Bureau of Justice of the Ministry of Justice.

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

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

Brasilia, November 13, 2001; 180º of Independence and 113º of the Republic.

FERNANDO HENRIQUE CARDOSO

José Gregori

A N E X O