Decree No. 6706, of 22 DECEMBER 2008 Christmas pardon and commutation depenas Grants, 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, hosted by the Minister of State for Justice, and considering the tradition of granting pardon to convicted in position to earn it on the occasion of the commemorative festivities of Christmas, providing opportunities for their social integration, aim higher harmonic of the penal sanction, DECREES: Art. first is granted pardon: I-to sentenced to custodial sentence not exceeding eight years, not replaced by restrictive of rights or a fine and not benefited from the conditional suspension of sentence, which, until December 25 2008, has fulfilled one-third of the sentence, if not repeat offender, or half, if a repeat offender;
II-to sentenced to custodial sentence of more than eight years, until December 25 2008, has completed 60 years of age and completed one-third of the sentence, if not repeat offender, or half, if a repeat offender;
III-to sentenced to deprivation of freedom, until December 25 2008, has performed, in closed or semi-open regime, without interruption, fifteen years, if not a repeat offender, or twenty years, if a repeat offender;
IV-to sentenced to custodial sentence of more than eight years, until December 25 2008, has performed, in closed or semi-open regime, one-third of the sentence, if not repeat offender, or half, if a repeat offender, and is mother of child with mental or physical disabilities or under 16 years, whose her care needs;
V-to sentenced to custodial sentence exceeding six years and not exceeding twelve years, since he has already served two fifths, if primary, or three-fifths, if a repeat offender, is serving a sentence in the semi-open regime and has already enjoyed, until December 25 2008 at least five temporary outputs provided for in art. 122, item I, combined with the art. 124, caput, of law nº 7210 of 11 July 1984;
VI-to sentenced to fine, penalty applied cumulatively with penalty involving deprivation of freedom, provided that they are not paid off that and fulfilled the custodial sentence imposed, until 25 December 2008;
VII-the condemned: a paraplegic, quadriplegic or carrier) of total 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; or b) affected, cumulatively, of serious illness, permanent, showing severe disability, with severe activity limitation and participation restriction, requiring continuous care, since proven by official medical report or, failing that, by a physician designated by the judgment of the execution, in the history of the disease, if not opposed by the beneficiary, maintained the right to assistance pursuant to art. 196 of the Constitution; and VIII-submitted to security measure that, until December 2008, 25 have endured deprivation of 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 law nº 7210, 1984 for a period equal to the time of the conviction, maintained the right to assistance pursuant to art. 196 of the Constitution.
Sole paragraph. 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. 2 sentenced to custodial sentence, not benefited from the conditional suspension of sentence, which, until December 25 2008, 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 the penalty reminiscent of a room, if not a repeat offender, and one-fifth If measured in consecutive date mentioned above.
Sole paragraph. The award-winning by switching your benefit will be calculated earlier about the remainder of the sentence on December 25 2008, subject to the discount effect without the necessity of new temporal requirement and without prejudice to the redemption provided for in art. 126 of law nº 7210, 1984.
Art. 3° in the granting of pardon or commutation must, 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 law nº 7210, 1984.
Art. 4 to grant the benefits of this Decree is subject to the lack of application of sanctions for lack of discipline serious nature committed in the last 12 months of compliance, and, in the case of military crime, the lack of application of sanction for lack discipline provided for in their respective disciplinary regulations, verified in the last twelve months of compliance, numbered, in both cases the publication of this Decree retroactively.
Art. 5 the benefits provided for in this Decree shall apply even if: i. the enforceable 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 conditions required for the grant of the pardon and commutation; or (III) be convicted pursuant to parole.
Art. 6 the delinquencies of the fine penalty, cumulated with custodial sentence, does not prevent the granting of pardon or commutation.
Art. 7 the penalties corresponding to various infractions should added for effect of pardon and commutation.
Sole paragraph. In the event of there being competition with infringement described in art. 8, the convicted will not be entitled to clemency or commutation as does not meet, in full, the penalty corresponding to the crime deterrent benefits (art. 76 of the Penal Code).
Art. 8th the benefits provided for in this Decree does not reach the doomed: I-for the crime of torture, terrorism or smuggling of drugs, pursuant to art. 33 of law No. 11343, of 23 August 2006, except for the assumptions provided for in §§ 2 to 4 of article cited, since the typical conduct has not configured mercancia practice;
II-heinous crime, practiced after the edition of the law No. 8072 of 25 July 1990, subject to subsequent amendments;
III-for crimes defined in the Military Penal Code that match the crimes referred to in items I and II of this article.
Sole paragraph. The restrictions of this article and paragraph 1 of art. 1 shall not apply to the events contemplated in section VII of the said art. 1.
Art. 9 the authority to guard the sentenced and the penitentiary Council will the judgment of executing the list of those who meet the requirements for the granting of the benefits set out in this Decree, within 30 days of its publication.
(1) the procedure referred to in the caput of this article may be initiated ex officio, at the request of the person concerned, who represents it, of your spouse or partner, relative or descendant, the public defender's Office, a public prosecutor, 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 section VII of the art. 1.
(2) the judgment shall issue execution decision after hearing the Prosecutor, the defence and the penitentiary Council, except in the cases contemplated in this sections VII and VIII of art. 1.
Art. 10. The Central penitentiary administration bodies shall complete the statistical table, in accordance with the annex to this Decree, and shall forward it, up to one year from the date of its publication, the National Penitentiary Department of the Ministry of Justice.
(1) as of January 2009, the National Penitentiary Department will keep posted, on your Web portal, statistical table, broken down by federal unit, with information concerning the amount of pardons and commutation granted.
(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. 11. This Decree shall enter into force on the date of its publication.
Brasília, 22 December 2008; 187 of independence and 120 of the Republic.
LUIZ INACIO LULA DA SILVA Luiz Paulo Teles Ferreira Barreto