A, the penalty imposed by the first class of the Federal Supreme Court of the Army Lieutenant Colonel, allows the scammer’s whistleblower to work, leave the house for his daily commitments and, in theory, even go to parties and travel abroad, provided that with prior authorization from justice.
The 1984 Criminal Execution Law defines the open regime as a penalty that is based “on the self -discipline and sense of responsibility of the convict”, whose pillar is the authorization for the detainee to work and study.
Outside of these activities, the law provides that the convict “will remain collected during the night and on days off”, that is, must be at home at a time determined by the court.
The text of the law also allows the judge in charge of the case to establish special conditions to serve the sentence, such as different times to get home or to leave the city.
Still, the law provides that, even if absent, the convict must attend the court during the period of the sentence to justify his activities and provide other information.
Brasilia, like other locations, has an exclusive court to monitor open regime convictions, Verepa-DF (Open Regime Penalty Court), whose starting judge is Léa Martins Sales Ciarlini. This is where Cid will present himself to start compliance with the sentence and indicate his address.
After the general rules of the penalty are presented to Lieutenant Colonel, he should leave the stick with a standard booklet, delivered to all convicted to the open regime in Brasilia, with 14 rules to comply.
Cid will have to behave all the time, his personal document and the Livramento Charter. You should avoid disagreements with family and strangers and not commit crimes, such as carrying firearms, according to the rules. You will also have to stay at home on weekends, at least in the first two months of the penalty. The daily collection period goes from midnight at 5am.
Lawyer Ricardo Rodolfo Rios Bezerra, a postgraduate degree in Criminal Law and active in Brasilia, explains that, in the Federal District, there are cases where the convict can exchange periodic attendance to the Forum for a virtual presentation.
“Through an application called Saref [sistema de confirmação de presença]that he downloads on his own cell phone, the convict takes a selfie, “says the lawyer. The system has geolocation, which allows justice to check where the photo was taken.
Bezerra also states that there have been cases in Brasilia where the convict obtained permission to serve the sentence abroad, when he proved he had achieved employment in another country.
The lawyer says that although there is legal provision, it is not a rule that convicted in open regime in the Federal District use electronic anklet. The whistleblower’s defense said on Thursday that.
If Cid fails to comply with the rules imposed by the Criminal Execution Court, the responsible judge may determine the regime regression, sending the lieutenant colonel to the semi-open (where he will have to sleep in a prison unit) or even closed.
