Saidão de Natal: understanding why even those convicted of murder can be entitled to the benefit | Rio de Janeiro

Police are still searching for 255 prisoners who were released to spend Christmas at home and have not returned

OR RJ2 answered some questions about how this benefit works for prisoners:

How does this benefit work?

• The request must be made by the prisoner’s defense team.
• The judge of the Criminal Execution Court asks the Prosecutor’s Office if it agrees with the temporary release.
• At the same time, the Secretariat of the Penitentiary Administration is also consulted to inform on the behavior of the prisoner
• And if everyone says yes, the judge grants the benefit

What are the initial conditions for the prisoner’s release?

• For the convicted person to have the right to visit his home, he must have already served 60% of his sentence and be in a semi-open regime.

Can someone convicted of heinous crimes have this right?

According to the text, based on the package, “the convicted person serving a sentence for having committed a heinous crime resulting in death will not be entitled to the temporary release referred to in the caput of this article”.

Heinous crimes resulting in death are: robbery (robbery followed by death), kidnapping in which the victim is killed, rape and torture in which the victims are killed.

Until this change, those convicted of these crimes would be able to enjoy this benefit. After the change, who committed crimes from this dayyou will not be able to be honored with this type of exit.

«The law on heinous crimes makes the execution of sentences more rigid. Therefore, it expands the requirements for the prisoner to obtain benefits called social reintegration. It is worth remembering that the so-called 2019 anti-crime package has significantly tightened criminal executions, especially in relation to heinous crimes followed by death. But it is also good to remember that they only apply to crimes committed after the entry into force of the anti-crime package”, says Bruno Melaragno, professor of law at the PUC.

Another point of the law on criminal executions that is controversial is paragraph 3 of article 123. It is said that in addition to the requirements for the length of the sentence, the judge must evaluate the compatibility of the benefit with the objectives of the sentence.

This means, according to experts, a personal evaluation by the magistrate: “The prisoner who has not yet fulfilled all these requirements, serving the sentence, a question of behavior and several others or, according to a subjective, abstract device, the one who the the judiciary considers that this is not compatible with the execution of the sentence, or decides that in this case, despite all the objective and mathematical requirements satisfied, in the case of that prisoner, this reintegration institution will not be suitable to serve the sentence. I feel sorry for him. This is where an analysis that we call subjective, abstract comes into play,” he adds.

Who were those released in Rio?

Among the 255 released for Christmas in Rio state, there are two drug lords who committed the crimes before the change. Saulo Cristiano Oliveira Dias, 42, known as PL, was sentenced to 18 years and 9 months and imprisonment for the death of an army soldier and for association with drug trafficking.

He was arrested in 2012. According to investigations, he was part of the leadership of the gang that controlled drug trafficking in the Chapadão complex, in Pavuna, in the north of the city.

In the same situation, Paulo Sérgio Gomes da Silva, known as Bin Laden, was released to spend Christmas at home. He was arrested in 2018 for leading drug trafficking in Morro Dona Marta, in Botafogo, Zona Sul.

There are four days left before the deadline for the return of the released prisoners and the 255 fugitives have no longer shown up, nor have they been arrested.

Released prisoners did not leave prisons with electronic ankle bracelets, a tool that could help police locate and capture them.

What the Rio Court and Seap say

According to the Rio Court of Justice, one of the reasons for not determining the use of the equipment was the lack of adequate facilities in prisons.

According to the State Court note, “in short periods of seven days, such as Christmas, and on other special dates, such as Mother’s Day, the State does not have the facilities in its prisons necessary to install the equipment in a timely manner. The installation of ankle bracelets takes place outside of prisons, which makes the process impractical in these short periods of release”

OR RJ2 asked Seap where the ankle bracelets are positioned and why inmates need to go to a location outside the prison to place them and why the company hired by the State cannot go to the departments for this installation.

The agency responded with the following note:

“Seap informs that the use of the electronic ankle bracelet is exclusively subject to a court decision – the secretariat currently monitors 8,372 prisoners – and that it has a Monitoring Center and three other units to carry out the installation of the device in cases usually requested by the Courts and a contract that guarantees the supply of new equipment as needed. As regards custodians who benefit from the Periodic Home Visit (VPL), the secretariat clarifies that there is no legal requirement for the monitoring of these cases that can justify any measure. In this regard, the secretariat adds that the percentage of evaded beneficiaries has been decreasing from year to year, above all due to the beneficial actions with sentence amnesty promoted by Seap. From 2021 to 2023, the overall annual percentage of VPL beneficiary evasion fell from 31% to 31%. 14%.”

2024-01-04 06:00:18
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