Brazilian Penal Code is lenient towards criminals

Brazilian Penal Code is lenient towards criminals Why is it more generous to perpetrators? Recent reports about Congressman Daniel Silveira have caused a stir. Silveira was accused of attacking democracy by repeatedly making violent remarks to the Supreme Court, and the Supreme Court sentenced him to eight years and nine months in prison. In response, President Bolsonaro issued an indulto decree to help his own ardent supporter Silveira.

The president’s actions, which defied the Supreme Court’s ruling, have sparked a backlash from law enforcement officials. From the point of view of the general public, I think that there are crime-related laws that need to be resolved and amended as soon as possible. For example:

Brazilian prison

Criminal punishment Adult age (Maioridade penal)

Currently, in Brazil, anyone under the age of 18 is considered a minor, and no matter what kind of heinous crime they commit, if they are under the age of 18, they will only be sent to a juvenile detention center (fundacao CASA) and temporarily confined after being caught. After reaching adulthood or after a certain period of time (up to 3 years for violent crimes), they are released with “no criminal record” (ficha limpa). In recent years, a number of crimes committed by minors have become more and more violent. The reasons for the supporters and opponents are as follows. (Table 1) Among the opinions of the opponents, what I think is “Brazilian” is opinion 3, “If you lower the age of adulthood, the number of criminals entering prisons will increase, but it is a problem because all prisons are full.” ”. I’m tempted to say why not build more prisons. There is a violent incident that was carried out to ridicule the leniency of the applicable age. A young man killed his girlfriend on the eve of his 18th birthday. There are surprisingly many incidents like this.

Restraint Subsidy (Auxilio Reclusao) This is a system in which government subsidies are given to people who have committed crimes while they are in prison because their income to support their families is cut off. Certain conditions must be met in order to receive this subsidy. For example, paying INSS (social insurance premiums) for at least one year. Now, at first glance, this system impresses me that “Brazil is still demonstrating a deep compassionate spirit based on Christianity.” We offer help, but we don’t think about any support for the victim’s side. Isn’t this too unfair?

Temporary release system (saidas temporarias)

Prisoners who are confined in prisons have the benefit of being temporarily released from prison to celebrate the holidays with their families outside the prison on holidays. You can spend a week outside on Pascoa, Mother’s Day, Finard, Natal, etc., for a total of 35 days per year. The problem with this system is that 10% of the prisoners who have been temporarily released from prison do not return. This fact has gotten into a rut and hasn’t even made it into the news lately, but last year, over 50% of the temporary release from a prison in Rio at the end of the year didn’t come back, so it was really big news. . Is there a better way to minimize this escape? I suggest a method like this: (1) Abolish this system. (2) Temporary release from prison is permitted only if there is a proper guarantor, and if the released person escapes, the guarantor will be punished. (3) I think they are released from prison with electronic leg rings (Tornozeleira), but they are required to register in advance where they will stay and where they will go, and the police will be dispatched to check on the location about once a day. (4) Ask nearby residents or nearby shops to monitor.

Progressao de regime This system reduces the severity of the sentence if the prisoner behaves well in prison (Bom Comportamento). First, the judge decides which regime and how many years the offender will be served, and sends them to prison. Severity is divided into three levels: Regime fechado: Prisoners spend their entire period in prison. Of course, if you want to work, you can work inside, and there is also outdoor sunbathing (banho de sol). Adopted only if the penalty is eight years or longer. [Semi-confinement regime (Regime semiaberto)] Prisoners are served in agricultural clusters (Colonias agricolas), industrial clusters (Colonias industriais), or similar establishments. Prisoners work outside during the day and return to the confinement facility at night. Limited to those who are not repeat offenders and whose prison term is from 4 to 8 years. [Regime aberto] Staying in a vagrant camp (casa de albergue) or other suitable institution, such as a prisoner’s home, being able to go out during the day for work, etc., and returning to the accommodation at night.

The target is limited to those who are not repeat offenders and who have been sentenced for four years or less. The rate and period of reduction of sentence are determined as follows, depending on whether the offender is a first-time offender or a repeat offender, and the severity of the offense. (Table 2) To give just one example, felons sentenced to 10 years of total imprisonment received two and a half years (25%) for first-time offenders and three years for repeat offenders. (30%), there is a possibility of moving to a semi-confinement system. Looking at this table, I feel how generous Brazil is to criminals. I think that the ratio of the minimum period of imprisonment for minor and serious crimes is 16-30%, which is too short. And I don’t think there’s even a need to make the sentences lenient for violent criminals.

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