The text that will be presented by (Solidariedade-SP), rapporteur of the bill for those convicted by the , includes in its current version an item that expressly raises the possibility of home prisoners, according to deputies who had access to the document.
Remission is a benefit that allows a convict to reduce the time spent serving their sentence through work, study or reading. However, remission for cases of house arrest is not consolidated in law, and the Court’s decisions regarding whether to accept it or not vary according to the case.
Paulinho’s proposal would probably benefit (PL), whose lawyers are requesting the sentence be served in , and those convicted of attacks on the headquarters of the three Powers in which they are serving or will serve sentences in their homes.
Therefore, the measure could help gain support from the former president’s allies to vote on the project in the Chamber of Deputies this week. Some of them still insist on a proposal for
The axis of Paulinho’s report today is the unification of the crimes of coup d’état and violent abolition of the democratic rule of law. As a result, Bolsonaro’s sentence in the case of the coup plot, from 27 years and three months in prison, would drop to less than 20 years, and the time in a closed regime would go from 6 years and 10 months to something around 2 to 3 years.
Due to Bolsonaro’s health problems, it is considered likely that at some point he will be allowed to serve his sentence at home — even though the recent attempt may have a negative impact.
With the approval of the redemption item in Paulinho da Força’s report, the former president and other defendants in similar situations would have a better chance of being able to reduce their sentences further through study, work or reading during the period of house arrest.
Judges, judges and ministers have had different understandings regarding the remission of sentences in cases of house arrest.
There is jurisprudence to accept sentence remission for , for example, but there are also denials for prisoners who claimed that they were caring for sick relatives. Denials usually mention the difficulty of supervising the activity related to the redemption.
In 2018, the Sixth Panel of the STJ (Superior Court of Justice) decided that it was possible to carry out an extensive interpretation of the law and grant the right to remission of the sentence under house arrest “for the benefit of the prisoner and society, since its improvement contributes decisively to the fate of the execution”.
In this case, the interpretation prevailed that the redemption was an incentive for the prisoner to improve himself through study or work while serving his sentence.
The Penal Execution Law determines that the prisoner can deduct one day from his sentence for every 12 hours of study or three days of work. For each book read, with the preparation of a report, the prisoner can reduce four days of his sentence, with a limit of up to 12 works per year.
LINK PRESENT: Did you like this text? Subscribers can access seven free accesses from any link per day. Just click the blue F below.
