Decision was unanimous; Alexandre de Moraes, rapporteur for the action, says that the benefit is a “discriminatory state measure”
O stf (Federal Court of Justice) took down per unanimity the possibility of special imprisonment for detainees with higher education. The judgment was held in a virtual plenary session and ended on Friday (31.Mar.2023).
The rapporteur, minister Alexandre de Moraesconsidered that the measure is “irreconcilable” with the principle of isonomy. According to the magistrate, the special prison works as a “discriminatory state measure” that reinforces inequalities. Moraes said he considers that there is a “unequivocally differentiated treatment” in the modality and that granting the right to holders of diplomas is a “real Brazilian ‘jabuticaba’”. Here’s the full (177 KB) of the rapporteur’s vote.
“Just the fact that the separate cell is not overcrowded is already a circumstance that, in itself, leads to better conditions of reclusion for the beneficiaries of this right, when compared to the spaces allocated to the prison population in general – which, as is known, consists of a very serious problem in our country, being able to extrapolate up to 4 times the number of vacancies available”, declared Moraes.
“By allowing a special treatment by the State to be given to cautiously arrested graduates, the legislation benefits precisely those who are already more socially favored, who have already obtained an unequivocal privilege of access to a university”, reads the minister’s vote.
Moraes highlighted that there are rules in the Constitution and not CPP (Criminal Procedure Code) for differentiated treatment in the prison environment to avoid, for example, the practice of violence. Thus, in prisons, men and women are separated; children and adolescents who committed infractions; perpetrators of more serious crimes; and definitive prisoners of the provisional ones.
Moraes’ vote was followed by ministers:
Fachin and Toffoli presented vocal votes – vote of those who do not occupy the role of rapporteur, have not formalized a request for review or have not diverged from the rapporteur.
For Fachin, “one of the structuring foundations of the notion of Republic is the postulate of equality between those who constitute it”. In your vote (full – 97 KB), the minister stated that “dignified conditions in serving the sentence should be extended to all prisoners, without distinction, who deserve respect for fundamental rights”.
“When analyzing the contested legal norm, I do not verify a logical correlation between the level of education and the separation of prisoners. There is nothing to say that prisoners with a lower level of education are more dangerous or violent than prisoners with a higher level of education or vice versa. Nothing to say that placing prisoners with different levels of education in the same environment will cause, by itself, a greater risk to the physical or psychological integrity of these”, wrote Fachin.
Toffoli said that special treatment cannot be guaranteed for one group over another.
“Academic training is a personal condition that, a priori, does not imply an increase or aggravation of the risk to which the precautionary prisoner will be submitted, distinguishing it, therefore, from other personal conditions, such as integrating the prisoner into the public security forces, or that of having carried out professional activities intrinsically or closely related to the functioning of the Criminal Justice System”, wrote the minister in his vote (full – 110 KB).
#STF #confirms #special #prison #diploma