DECREE NO. 5,620, OF December 15, 2005.

Concept parole, toggle and give other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, incisus 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, on the occasion of the commemorative Christmas festivities, forgiveness to the condemned in conditions of deserving him, providing him with conditions for the harmonic social integration, the greater objective of the criminal sanction;

DECRETA:

Art. 1º It is granted conditional pardon:

I-to the sentence-convict deprivative liberty of not more than six years, not replaced by rights restrictive or fine and not benefiting from the conditional suspension of the penalty, which, until December 25, 2005, has served a third of the penalty, if not recidivist, or half, if recidivist;

II-to the doomed to the custodist of freedom superior to Six years that, until December 25, 2005, has completed sixty years of age and served a third of the penalty, if not recidivism, or half, if recidivism;

III-to the doomed to the custodianship of freedom which, until December 25, 2005, has complied, in a closed or semi-open regime, uninterruptedly, fifteen years of the penalty, if not recidivist, or twenty years, if recidivist;

IV-à sentenced to the penalty deprivative liberty of more than six years which, until December 25, 2005, has complied, in a closed or semi-open regime, one third of the penalty, if not recidivist, or half, if recidivist, and mother of fourteen-year-old child, of whose care of her in need;

V-to the convict the deprivative sentence of freedom of more than six years and not more than fifteen years, as long as you have already served a third of the penalty, if primary, or half, if recidivist, find yourself serving time in the semi-open regime and have already enjoyed, until December 25, 2005 at the minimum, five outputs temporary provided for in the art. 122, inciso I, combined with the art. 124, caput, of the Law no 7,210, of July 11, 1984;

VI-to the convict:

a) paraplegic, tetraplegic or bearer of total blindness, provided that such conditions do not are prior to the practice of the act and proven by official medical laureate or, in the absence of this, by two physicians, designated by the Judgment of Execution; or

b) acometained, cumulatively, of serious illness, permanent, featuring severe disability, with severe limitation of activity and restriction of participation, requiring continuous care, proven by official medical laude or, in the absence of this one, by two doctors appointed by the Enforcement Judgment, by constying the history of the disease, provided that there is no opposition from the beneficiary, held the right of assistance in the terms of 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 to the custodianship of freedom, not replaced by restrictive of rights or fine and not to benefit from the conditional suspension of the penalty, which, until December 25, 2005, has served a quarter of the penalty, if not recidivist, or one third, if recidivised, and does not fulfill the requirements of this Decree to receive indulge, it will have commuted the remaining penalty of a fourth, if not recidivism, and of a fifth, if recidivism, awound on the above-mentioned date.

Paragraph single. The agraciated by previous commute will have its benefit calculated on the remnant of the penalty on December 25, 2005, observed the effective discount, with no need for new temporal requirement and without prejudice to the anticipated remittal in the art. 126 of the Law no 7,210, from 1984.

Art. 3º In the granting of the indulgent or the commutation shall, for the purposes of the completeness 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 the Law no 7,210, from 1984.

Art. 4º The granting of the pardon or commutation is contingent on the finding of non-existence of the practice of bad foul in the last twelve months of feather fulfilment, ascertained in the form of the art. 59 and following of the Act in 7,210, 1984, and, in the case of military crime, of the non-disciplinary lack of provision provided for in the disciplinary regulations, verified in the last twelve months of sentence compliance, 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 defence appeal judgment in the higher instance; or

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

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 must add up to the effect of the indulgent and the commute.

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

Art. 8º The benefits predicted in this Decree do not reach the convicts:

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

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

III-for crimes set out in the Military Criminal Code that correspond to the hypotheses predicted in the incisies I and II of this article.

Paragraph single. The constraints of this article and the inciso I of art. 1st do not apply to the hypotheses foreseen in inciso VI of that same article.

Art. 9º The authority that custodians the convict and the Penitentiary Council will forward to the Judgment of Execution the indication of those who meet the necessary requirements for the grant of the benefits set out in this Decree, within thirty days, counted from its publication.

§ 1st The procedure foreseen in the caput of this article could start from trade, the application of the person concerned, from whom the represent, of his spouse, relative or descent, from Public Defensoria, the Public Prosecutor's Office, the Penitentiary Council, the administrative authority and the physician who assists the convict who falls in the situations provided for in the inciso VI of the art. 1st.

§ 2nd The Judgment of Execution will provide decision by listening to the Public Prosecutor's Office, the defense and the Penitentiary Council, excepted this in the hypothesis contemplated in the inciso VI of the art. 1st.

Art. 10. You will perfect the indulgent after twenty-four months, from the expedition of the term of which you treat the art. 12, owing the beneficiary, at that time, to maintain good behavior and not to be indicted or prosecuted for felony felony, excepted the criminal infractions of minor offensive potential.

§ 1st If the beneficiary comes to be sued for felony felony, practiced in the forecast period in the caput, considers itself to be extended the deadline for perfecting the pardon, until the definitive trial of the case.

§ 2nd will not prevent the enhancement of the pardon the supervenience of sentencing judgment from which it results restrictive rights-restrictive penalties or not with fine, or conditional suspension of the penalty.

Art. 11. Transcend the period provided for in the art. 10 and complied with the requirements of the benefit, the Judge, heard the Penitentiary Council, the Public Prosecutor's Office and the defence, shall declare extinct the custodian of freedom.

Paragraph single. The defulfillment of the conditions of which it treats art. 10 makes without effect the conditional pardon, returning the beneficiary to the scheme in which it was found to be at the time of the concession of freedom, excluded, for further calculation of penalty, the fruity term in the limits of the same article.

Art. 12. The President of the Penitentiary Council or the authority responsible for the custody of the inmate, after the concessional sentence of the benefit accepted by the person concerned, shall draw his attention, in solemn ceremony, to the conditions laid down by this Decree, placing it at liberty, from everything washing, in self-book, circumstantial term, the copy of which will be remitted to the Judgment of Criminal Enforcement, by handing over another to the beneficiary.

Art. 13. The central bodies of the penitentiary administration will fill in the statistical framework, according to the model Annex to this Decree, and shall forward it, by March 31, 2006, to the National Penitentiary Department of the Ministry of Justice.

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

Art. 14. This Decree comes into effect on the date of its publication.

Brasilia, December 15, 2005; 184th of the Independence and 117th of the Republic.

LUIZ INACIO LULA DA SILVA

Marcio Thomaz Bastos