Bill prohibits regime progression and conditional release for provisional and convicted prisoners
The president (PT) sanctioned, with vetoes, the bill that establishes a stricter disciplinary regime for those convicted of murdering police or military personnel while performing their duties or as a result of them. The presidential sanction was published in the Official Gazette of the Union this Tuesday (May 12, 2026). Read the full (PDF – 375 KB) and (PDF – 324 KB).
The bill determines that those convicted of murder or attempted murder of authorities and agents of the Armed Forces and police serve their sentences under a different disciplinary regime in a maximum security federal prison. The regime is characterized by an individual cell, restricted visits, inspection of correspondence, fewer exits from the cell and a maximum duration of up to 2 years. The and by .
Lula decided to partially veto the proposal “for unconstitutionality and contrary to the public interest”. The Ministry of Justice and Public Security, the Ministry of Human Rights and Citizenship and the Attorney General’s Office were heard.
According to the president’s orders, sections 3 and 4 are unconstitutional because they transform the differentiated disciplinary regime into a rule, which should be exceptional, and ignore the prisoner’s behavior, violating the principles of proportionality and individualization of the sentence.
Lula also vetoed the section that prohibits regime progression and conditional release for provisional prisoners – detained in the act, for example – and convicted prisoners.
According to the justification for the veto, despite the good intention, the proposal is unconstitutional because it harms the way in which sentences are executed, disrespecting the proportionality and individualization of the sentence. It also contradicts international rules on the treatment of prisoners and STF decisions that establish that the sentence must be individualized during execution.
