06/08/2024 – 8:59
The Brazilian Bar Association (OAB) asked the Federal Supreme Court (STF) to declare unconstitutional the law that ended the temporary release of prisoners, the “saidinhas”, and reinstate the benefit.
When filing the action, the OAB drags the STF to arbitrate the issue, which opposes Congress and the Luiz Inácio Lula da Silva (PT) government. The president vetoed the changes, but the vetoes were overturned by a large majority.
The OAB states that public authorities have a duty to promote the resocialization of inmates and that temporary releases are an efficient policy for the gradual reintegration of inmates into social life.
Another argument is technical. The OAB recalls that the Constitution prohibits the setback of fundamental rights. “In the present case, the setback in fundamental rights is so pronounced that not even at the time of the military dictatorship the benefit was so restricted”, states the entity in the action.
The Federal Council of the OAB also suggests the use of electronic ankle monitors to “make compatible” the rights of prisoners without compromising public safety.
Before the legislation reform, prisoners with good behavior had the right to leave prison to visit family, study and participate in activities to return to social life. The new law limited temporary departures to professional courses or secondary and higher education.
Minister André Mendonça even spoke out about the reform, in another process. He has already argued that the change does not apply to inmates who are already in prison, that is, it does not have retroactive effects.
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