The former president, sentenced to by (Supreme Federal Court), may request the progression to the semi-open regime after about one year and 5 months in the closed regime, if the penalty is confirmed by the Court.
The former president was at dawn last Friday (25) for the crimes of passive corruption and money laundering.
The minister ordered the immediate fulfillment of the sentence after presented by the defense, which the magistrate considered a delayed.
This Saturday (26), he trims and presented a new medical report claiming the need for medical follow -up and medication. The former president had stated, at the custody hearing on Friday (25), to have no disease and not to use medicine continuously.
Collor began to comply with the sentence in the Baldomero Cavalcanti de Oliveira prison in Maceió, Alagoas capital. For having held the position of President of the Republic, he must remain in the special wing of the prison unit.
By the law of criminal execution, punishment is progressively applied, with the transfer to the less rigorous regime to be determined by the judge, when the target has fulfilled a part of it.
Prior to the renovation promoted by the anti -criminal package, which came into force in 2020, the general rule was that the prisoner would have to serve at least one sixth of the penalty in the previous regime, as well as presenting good behavior, to progress from regime.
After the new law is sanctioned, if the target of the sentence is primary and the crime was committed without violence or serious threat, it is necessary to serve 16% of the sentence with good behavior, just under one sixth (16.67%).
According to the Federal Public Prosecution Service, the crimes attributed to the former president occurred between 2010 and 2014. Therefore, the applicable rule would be the one in force at the time, not the anti-criminal package.
The Penal Code, however, ensures that the law may retroact – or be, to be applied to the fact prior to its validity – if it is somewhat favorable to the agent, so that in Collor’s circumstance would apply the new rule.
In the case of the former president, sentenced to 8 years and 10 months of imprisonment, the total of months of the sentence (106) by 16% (0.16) is multiplied. The result is 16.96 months. By the fraction of one sixth, the account would be 106 divided by 6, resulting in 17.67 months.
“Before it was a closed fraction, which was one sixth, and now it is these percentages,” says Renato Vieira, a criminalist lawyer and former president of IBCCRIM (Brazilian Institute of Criminal Sciences).
“The most beneficial criminal norm. The non -beneficial criminal norm cannot reach facts that happened before her effectiveness. In this case, this is a beneficial change. That’s why it already applies.”
Gustavo Badaró, professor of USP Criminal Procedural Law, recalls that if with the calculation of the percentage there is a fraction of days, the law states that these leftovers are despised.
So, for example, it would be 16.96 months times around 30 days, which would give 508.8 days. With this, the Penal Code would require compliance with around 508 days for Collor case.
