Project was approved in the Chamber in 2022 and has been, since May 2023, in the Public Security Commission under the report of Flávio Bolsonaro
The PL (bill) that proposes the revocation of the right to temporary release of inmates in a semi-open regime has been stuck in the Senate Public Security Committee for almost 1 year, since May 2023.
Authored by the federal deputy Pedro Paulo (PSD-RJ), the PL had been approved in the Chamber plenary in 2022. There were 311 votes in favor and 98 against. Read the complete (PDF – 793 kB).
Last Monday (January 8, 2024), the president of the Senate, Rodrigo Pacheco (PSD-MG), stated that Congress should indeed change the law to revoke the right to “saidinhas”. According to him, the legislation has “pretext to resocialize”but it works “as a means to commit more crimes”.
After the last “little girl” At the end of the year, 255 prisoners from Rio de Janeiro and 321 from São Paulo did not return to prisons. Police officer Roger Dias da Cunha, aged 29, for example, died on Sunday (7 January) after being shot in the head during a confrontation in Belo Horizonte (MG). The perpetrators of the shooting should have returned to prison after their release at the end of the year.
The bill's rapporteur, senator Flavio Bolsonaro (PL-RJ) has a similar opinion to Pacheco. He defends the approval of the PL with the argument that the departures increase crime and put the population at risk.
“The revocation of the temporary departure benefit is a necessary measure that will certainly contribute to reducing crime. There are recurring cases of prisoners detained for committing criminal offenses during temporary releases. Thus, by allowing prisoners who have not yet been reintegrated into society to benefit from temporary release, the public authorities place the entire population at risk.”says Flávio.
In a public hearing at the Security Commission, the president of the Association of Police Delegates of Brazil, Rodolfo Queiroz Laterza, highlighted that temporary releases are essential for the reinsertion of prisoners into society and that they are part of the progression process provided for in criminal law.
Laterza stressed that the project has positive points, but considered that there is a way to change the rules for temporary departures without having to extinguish the right.
“There must be objective criteria, such as the prohibition of visiting certain places and, in this case, the obligation to communicate, but if you also prohibit it, I believe that it would not suit what it serves, which is typical of the semi-open regime“, he defended.
O Power360 found that the senators who make up the Senate Public Security Committee are working together to change the original form of the PL and maintain the “leave” for study and work activities for inmates. The objective is to have the project approved by the commission in February.
Negotiations are headed by Senator Sergio Moro (União Brasil-PR), by rapporteur Flávio Bolsonaro and the president of the commission, Sergio Petecão (PSD-AC).
To the Power360, Moro stated that everyone is involved in discussing the topic and explained what will be changed: “Departures on holidays and without cause are eliminated, which is the essence of the project and which have caused problems and revolts. The exit for education and work for semi-open prisoners is preserved”he stated.
The bill analyzed also proposes the requirement of criminological exams for the progression of the sentence regime and mandatory electronic monitoring for all inmates who move to open or semi-open regimes.
In the Public Security Committee, there was a request for a view from the senator Fabiano Contarato (PT-ES) to better evaluate the project before voting.
SAIDINHA LAW
The right to temporary exit without direct supervision is provided for by the Penal Execution Law, nº 7,210, of 1984. The guarantee is granted to convicts serving sentences in a semi-open regime. Authorization is given to activities characterized as:
- visit to family;
- attendance at a supplementary vocational and instructional course at 2nd grade or higher;
- participation in activities that contribute to the return to social life.
With information from Senate Agency.
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