TJSP measure, in force since 2019, was revoked days before the temporary release of prisoners for the end of the year
The CNJ (National Council of Justice) declared illegal an ordinance from the TJSP (Court of Justice of the State of São Paulo) that allowed the imprisonment of detainees in “outdoors” who did not comply with the rules. The decision was made days before the temporary exit at the end of the year, which began on Monday (Dec 23, 2024).
The ordinance authorized the Civil and Military Police to arrest detainees in the act for violating the conditions of their outings. Since its implementation in June of the previous year, more than 3,000 inmates have been arrested.
The CNJ, however, determined that such infractions should only be registered and communicated to the Judiciary for decision. The illegality of the ordinance was questioned by the São Paulo Public Defender’s Office via habeas corpus in the STJ (Superior Court of Justice). Although the STJ did not grant habeas corpus, it referred the case to the CNJ, which judged the measure illegal.
In the last “release”, on September 17, the (Public Security Secretariat) of São Paulo reported the arrest in the act of 16 inmates who committed new crimes during the period. The cases were reported both in the capital of São Paulo and in cities in the interior of the state.
In total, there were 4 temporary releases for prisoners in São Paulo this year. During the festive season, they will be able to spend the period from December 23, 2024 to January 3, 2025 outside of prison.
