LEI No. 12,313, OF August 19, 2010.

Altera the Law no 7,210, of July 11, 1984-Law of Penal implementation, to provide for legal assistance to the inmate within the prison and assign competencies to Public Defensoria.

The PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanction the following Law:

Art. 1º This Law changes the art. 16; adds the inciso VIII to the art. 61; gives new essay to art. 80; adds Chapter IX to Title III, with the arts. 81-A and 81-B; changes the art. 83, adding to § 3o; and gives new essay to the arts. 129, 144 and 183 of Law No. 7,210 of July 11, 1984.

Art. 2º The Law No. 7,210, of July 11, 1984-Penal Enforcement Act, passes the invigorate with the following changes:

?Art. 16. Federation Units should have legal, full and free legal aid services by the Public Defensoria, in and out of the penal establishments.

§ First The Units of the Federation should provide structural, personal and material aid to the Public Defensoria, in the exercise of their duties, inside and outside the penal establishments.

§ 2nd In all establishments penal, there will be appropriate venue intended for the service by the Public Defender.

§ 3rd Out of establishments penal, will be implemented Specialized Nuclei of Public Defensors for the provision of full and free legal assistance to defendants, sentenced in freedom, egresses and their family members, without financial resources to constitute counsel.? (NR)

?Art. 61. ...............................................................................................................................

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VIII-the Public Defensoria.? (NR)

?Art. 80. There shall be, in each comarch, a Council of the Community composed, at a minimum, by 1 (one) representative of commercial or industrial association, 1 (one) lawyer appointed by the Section of the Order of Lawyers of Brazil, 1 (one) Public Defender appointed by the Advocate General Public and 1 (one) social worker chosen by the Sectional Delegacy of the National Council of Social Assistants.

..................................................................................................................................? (NR)

?CHAPTER IX

OF PUBLIC DEFENSORIA

' Art. 81-A. The Public Defender will ensure by the regular execution of the penalty and the safety measure, officiating, in the executive process and in the incidents of execution, for the defence of the needy in all degrees and instances, in an individual and collective manner. '

' Art. 81-B. It is still incumbent on the Public Defensors:

I-require:

a) all the arrangements necessary for the development of the executive process;

b) the application to the cases adjudicated of law later that in any way favors the convict;

c) the extinction declaration of punishability;

d) the unification of feathers;

e) the detraction and remitment of the feather;

f) the introduction of the excess incidents or deviation from execution;

g) the application of security measure and its revocation, as well as the replacement of the penalty per security measure;

h) the conversion of feathers, the progression in the regimes, the conditional suspension of the penalty, the conditional booklet, the commutation of pity and the indulgent;

i) the authorization of temporary outputs;

j) the internation, the disinternation and the re-establishment of the previous situation;

k) the fulfilment of penalty or security measure in another comarch;

l) the removal of the convict in the hypothesis provided for in § 1st art. 86 of this Act;

II-apply for annual issuance of the penalty attestate to be fulfilled;

III-interpose appeals of decisions rendered by the judicial or administrative authority during the execution;

IV-represent to the Judge of execution or to the administrative authority for syndication or procedure administrative in case of violation of the norms regarding criminal execution;

V-visit the penal establishments, making arrangements for the proper functioning, and requiring, when the case is the case, the ascertainment of liability;

VI-require the competent authority for interdiction, in the whole or in part, of criminal establishment.

Single paragraph. The organ of the Public Defensors will periodically visit the penal establishments, registering their presence in a book of their own. '?

?Art. 83. .........................................................................................................................

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§ 5th There will be installation aimed at Public Defensorship.? (NR)

?Art. 129. The administrative authority shall forward, on a monthly basis, to the Judgment of the execution, to the Public Prosecutor's Office and to the Public Defensoria copy of the record of all the convicts who are working and the working days of each.

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?Art. 144. The Judge, of offending, the application of the Public Prosecutor's Office, of Public Defensorship or upon representation of the Penitentiary Council, and heard the released, may modify the conditions specified in the sentence, and the respective decision-making act shall be read to the released by one of the authorities or officials indicated in the inciso I of the art caput. 137 of this Act, observed the provisions of the incisians II and III and § § 1st and 2nd of the same article.? (NR)

?Art. 183. When, in the course of the execution of the deprivative penalty of freedom, surviving mental illness or mental health disturbance, the Judge, of trade, the application by the Public Prosecutor's Office, Public Defensorship or the administrative authority, may determine the replacement of the penalty per measure of safety.? (NR)

Art. 3º This Law comes into effect on the date of its publication.

Brasilia, August 19, 2010; 189º of Independence and 122º of the Republic.

LUIZ INÁCIO LULA DA SILVA

Luiz Paulo Teles Ferreira Barreto