CNJ study shows that 283 thousand inmates may be affected per year; they may spend, on average, 197 more days in prison
The return of mandatory criminal examinations for progression to a new regime could cost the public coffers an additional R$6 billion annually and leave 283,000 people without progressing in serving their sentences every year. This is according to a study prepared by the CNJ (National Council of Justice).
The measure became mandatory again and was approved by the National Congress together with the PL of “outings”, which limits the temporary release of prisoners in the country. The section was sanctioned by President Luiz Inácio Lula da Silva (PT) in April 2024.
Criminological examinations are prepared by a group of professionals – such as psychiatrists, psychologists and social workers – who assess the conditions of the prisoner to begin serving their sentence in a more lenient regime. The measure was once mandatory, was overturned in 2003, but was reinstated more than 10 years later.
In view of the new rules, criminal law entities and political parties filed a lawsuit with the STF (Supreme Federal Court) alleging their unconstitutionality. The lawsuits were reported by Minister Edson Fachin, who commissioned the Council’s study. Read the full (PDF – 4 MB).
The study estimated that there would be a demand for 29,532 sentence progressions per month. However, with the current availability of psychosocial assessment teams in prisons, only 5,960 criminological examinations could be carried out each month.
This leads to a delay of 283 thousand people failing to advance their sentences regularly by 1 year. The study also estimates that the average prisoner should spend 197 more days in prison.extended maintenance” could entail an additional cost of R$6 billion annually.
R$ 170 MILLION FOR DEMAND
To meet the demand for tests, the CNJ estimates that a team of 3 professionals, preparing 40 reports per month, would have an annual cost of R$170 million. A reduced team, with 2 professionals responsible, would reduce the cost to R$138 million.
The estimate of 40 monthly reports, or 2 daily exams, is considered “extreme productivity”, and the real scenario could be even more challenging. The CNJ projects that, if demand is not met, there will be a snowball effect in the accumulation of cases that could culminate in a 176% increase in the deficit of places in the prison system in 5 years.
“The requirement for a criminological examination for all cases of regime progression provided for in Law 14,843/2024 will have an exponential impact and will cause even more burdens to the Brazilian prison system, placing an excessive burden on public coffers for psychosocial care that will not improve the standard of care and assistance for the population deprived of liberty.”, concludes the report.
For the lawyer and professor at the Department of Criminal Law, Criminology and Medicine at the Faculty of Law at USP (University of São Paulo), Pierpaolo Bottini, the return of mandatory training is a “setback” before the “absolute inability of the State to analyze each case”.
END OF “EXITS”
In the same study, the CNJ reinforced the fact that less than 5% of all prisoners do not return to the prison system after temporary releases. Between 2021, 2022 and 2023, the non-return rate varied between 3.9% and 4.2%.
“It is therefore concluded, a contrario sensu, that between 96.1% and 95.8% of all people return to prison units after a temporary release.“, said the analysis.
Furthermore, the study analyzed crime incidence data in the weeks in which they have temporary releases. According to the CNJ, there is no “statistically significant relationship between temporary releases and the total number of arrests recorded at police stations during the period“.
LULA AND CONGRESS
After receiving the CNJ’s opinion, Minister Edson Fachin issued requests for information to the Chamber of Deputies, the Federal Senate and President Lula this Thursday (4 July 2024).
#Criminological #examination #increase #prison #expenses #billion