DECREE NO. 6,706, OF December 22, 2008

Conception of natalino indulging and commuting depends, and gives other providences.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso XII, of the Constitution, in view of the manifestation of the National Criminal and Penitentiary Policy Council, hosted by the Minister of State for Justice, and considering the tradition of granting pardon to the convict in conditions of deserve it, on the occasion of the commemorative Christmas festivities, providing you with opportunities for your harmonic social integration, goal greater penal sanction,

DECRETA:

Art. 1º It is granted to indulge:

I-by doomed the custodianship penalty of no more than eight years, not replaced by restrictive rights or fine and not to benefit from the conditional suspension of the penalty, which, until December 25, 2008, has fulfilled a third of the penalty, if not recidivism, or half, if recidivism;

II-to the doomed custodianship of freedom of more than eight years which, until December 25, 2008, has completed sixty years of age and served a third of the penalty, if not recidivism, or half, if recidivism;

III-to the convict the deprivative penalty of freedom which, until December 25, 2008, has complied, in a closed or semi-open regime, uninterruptedly, fifteen years of the penalty, if not recidivist, or twenty years, recidivist;

IV-à convict the custodist sentence of freedom greater than eight years which, until December 25, 2008, has complied, in a closed or semi-open regime, one third of the penalty, if not recidivist, or half, if recidivist, and is mother of child with mental or physical disability or less than sixteen years, whose care she requires;

V-to the convict the deprivative sentence of freedom superior to six years and not more than twelve years, as long as you have already served two fifths of the penalty, if primary, or three fifths, if recidivist, find yourself serving time in the semi-open regime and have already enjoyed, until December 25, 2008 at the earliest, of five temporary outputs foreseen in the art. 122, inciso I, combined with the art. 124, caput, of Law No. 7,210, of July 11, 1984;

VI-to the convict of the sentence of fine, applied cumulatively with deprivative penalty of liberty, provided that it has not settled the one and fulfilled the deprivative penalty of freedom imposed, until December 25, 2008;

VII-to the convict:

a) paraplegic, tetraplegic or bearer of total blindness, provided that such conditions are not prior to the practice of the offence and whether proven by official medical laude or, in the absence of this, by physician designated by the judgment of the execution; or

b) acomethed, cumulatively, of serious illness, permanent, presenting severe disability, with severe limitation of activity and restriction of participation, requiring continuous care, as long as proven by official medical laureate or, in the absence of this, by doctor designated by the judgment of the execution, by constying the history of the disease, if there is no opposition from the beneficiary, held the right of assistance pursuant to art. 196 of the Constitution; and

VIII-to those submitted to the security measure that, until December 25 of 2008, have endured deprivation of liberty, internation or outpatient treatment for a period equal to or greater than the maximum penalty for the criminal infraction corresponding to the conduct practiced or, in the cases of substitution provided for in the art. 183 of Law No. 7,210, of 1984, by equal period of the time of the conviction, upheld the right of assistance pursuant to the art. 196 of the Constitution.

Single paragraph. 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 condemned the custodious sentence of freedom, not benefitted from the conditional suspension of the penalty, which, until December 25, 2008, has served a quarter of the penalty, if not recidivist, or a third, if recidivist, and does not fulfill the requirements of this Decree to receive pardon, it will have commuted the remaining penalty of a fourth, if not recidivist, and of a fifth, if recidivist, awound on the above-mentioned date.

Single paragraph. The agraciated by previous commute will have its benefit calculated on the remnant of the penalty on December 25, 2008, observed the effective discount, with no need for new temporal requirement and without prejudice to the anticipated remittal in the art. 126 of Law No. 7,210, of 1984.

Art. 3 ° In the granting of the pardon or the commutation 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 Law No. 7,210, of 1984.

Art. 4º The granting of the benefits of this Decree lies conditional on the non-existence of sanction application for a disciplinary lack of a serious nature committed in the last twelve months of compliance with the penalty, and, in the case of military crime, of the non-existence of sanction application for the required disciplinary failure in the respective disciplinary regulations, verified in the last twelve months of fulfilment of the penalty, counted, in both cases, retroactively to the publication of this Decree.

Art. 5º The benefits predicted in this Decree are applicable, yet:

I-the sentencing sentence has transitioned on trial to the prosecution, without prejudice to the appeal trial of the defense in the higher instance;

II-there is an appeal of the charge that does not aim to majorate the amount of the penalty or the conditions required for the granting of the pardon and the commutation; or

III-be the convict in fulfillment of conditional bookkeeping.

Art. 6º The delinquency of the penalty penalty, cumulated with deprivative penalty of freedom, does not prevent the granting of the pardon or the commutation.

Art. 7º The feathers corresponding to diverse infractions should add up for the effect of the indulgent and the commute.

Single paragraph. In the hypothesis of there being contest with infraction described in the art. 8º, the convict shall not be entitled to pardon or commutation while failing to comply, in full, the penalty corresponding to the impediment crime of the benefits (art. 76 of the Criminal Code).

Art. 8º The benefits provided in this Decree do not reach the doomed:

I-for the crime of torture, terrorism, or illicit drug trafficking, pursuant to the art. 33 of Law No. 11,343 of August 23, 2006, excepted the hypotheses provided for in § § 2º to the 4º of the cited article, provided that the typical conduct has not set the practice of mercancia;

II-by heinous crime, practiced after the edition of Law No. 8,072 of July 25, 1990, observed the amendments later;

III-for crimes defined in the Military Criminal Code that correspond to the offences predicted in the incisos I and II of this article.

Single paragraph. The constraints of this article and the inciso I of art. 1º do not apply to the hypotheses laid down in the inciso VII of the cited art. 1º.

Art. 9º The authority that custodianates the convict and the Penitentiary Council will forward the doomsday to the list of those who meet the necessary requirements for the granting of the benefits set out in this Decree, within thirty days numbered in its publication.

§ 1º The procedure provided for in the caput of this article may start from trade, the application of the person concerned, of whom the represent, of his spouse or fellow, relative or descendant, of Public Defensorship, of the Public Prosecutor's Office, of the Penitentiary Council, of the Council of the Community, of the Patronate, of the administrative authority, of the Ouvidoria of the System Penitentiary, the Internal Affairs of the Penitentiary System or the doctor who assists the convict who dabs in the situations provided for in the incissevate VII of the art. 1º.

§ 2º The judgment of the execution will provide decision after hearing the Public Prosecutor's Office, the defence and the Penitentiary Council, excepted this in the hypotheses contemplated in the incisies VII and VIII of the art. 1º.

Art. 10. 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, up to one year from the date of its publication, to the National Penitentiary Department of the Ministry of Justice.

§ 1º As of January 2009, the National Penitentiary Department will maintain published, in its portal of the worldwide computer network, statistical framework, broken down by federative unity, with the information regarding the amount of indulgings and commutation granted.

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

Art. 11. This Decree comes into effect on the date of its publication.

Brasilia, December 22, 2008; 187º of Independence and 120º of the Republic.

LUIZ INACIO LULA DA SILVA

Luiz Paulo Teles Ferreira Barreto