Minister Gilmar Mendes orders prison joint efforts to grant the benefit
The minister of the (Supreme Federal Court) Gilmar Mendes ordered on Thursday (9.Jan.2025) the carrying out of prison efforts to comply with a decision of the 2nd Panel that ensured the replacement of preventive detention with house arrest for mothers of children under 12 years.
The decision was handed down in you have a body presented by the defense of the mother of a 4-year-old child detained preventively for trafficking 5 grams of crack. When evaluating the case, the minister granted the woman house arrest because he considered that the amount of drugs found with her was tiny and would not be within the child’s reach.
“The judge of the originating instance must determine the form of compliance and supervision and may determine new precautionary measures if he deems it necessary”informed the STF, in a note. In the decision, Gilmar Mendes assessed that replacing preventive detention with home detention “it goes far beyond a benefit to women targeted by precautionary segregation”. Read the vote (PDF – 182 kB).
“The idea is, through such flexibility, to safeguard the rights of children who may be impacted by the absence of their mother. Through the measure, the defendant remains in custody, but begins to comply with segregation in her home, in order to provide care for her minor children.”these.
The minister also cited the existence of successive decisions in lower courts denying the granting of the benefit of house arrest to mothers who meet the legal requirements and, therefore, ordered the carrying out of prison joint efforts, to be carried out by the (National Council of Justice).
“The objective of the proposed measure is to review prisons, investigate the circumstances of incarceration and promote citizenship actions and initiatives for the resocialization of these women”he stated.
With information from .
