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The Minister of Justice and Public Security, Sergio Moro, presented on Monday (21) the anti-crime project of the government, with a series of measures forming part of the electoral promises of the candidate of the time, Jair Bolsonaro – for exclusion. illegality and greater rigor in the sanctions and in the penitentiary system. Arrest after the second instance and incrimination of the two lockers were also included.
See the 21 main points of the anticrime project and what it changes in relation to current legislation in the fight against crime and corruption:
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– The law provides that no one may be arrested except in the case of flagrante delicto or after res judicata (that is, after exhausting all remedies). Legal discussions took place on this subject. Since 2016, the Federal Supreme Court (STF) has authorized the arrest of second-instance convicts (court cases) before the case reaches the Superior Court of Justice (STJ) and the Supreme Court. .
– What's Changing
Formalizes in law the current jurisprudence of the STF.
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2.
It is now possible to appeal the Court's decision-making discretion – the first instance responsible for intentional crimes against life (such as homicide).
– O That Changes
A person convicted by the jury tribunal begins serving his sentence immediately after the decision, even if appeals are likely to appeal. In other words, the conviction at first instance would essentially occur in murder cases.
LEARN MORE:
Understand the advantages and disadvantages of the trial jail for homicide
3.
Offenses, a type of judicial remedy, may be filed in the event of a dissenting vote, for the benefit of the defendant (for example, by reducing the sentence) to the panel of judges. (19659006) Such embargoes can only be placed if one of the judges of the second instance has voted for the total acquittal of the defendant and not for any other disputes (such as the amount of the pain)
4. LEGITIMATE DEFENSE AND EXCELLENCE OF UNLAWFULNESS
– As is
The law in force defines self-defense as a situation in which "a person, using moderately the necessary means, repels unfair, current aggression. or imminent ". .
– What Changes
Reduces the sentence by half or does not apply if self-defense "stems from an atrocious fear, surprise or violent emotion". This point in Moro's anti-war project is most criticized by human rights organizations and authorities who see it as allowing police officers to kill on duty. This is a promise of the Bolsonaro campaign, known as "exclusion from the law".
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5. PRISON IN A CLOSED PLAN
– How is it
The closed regime only applies to convictions of more than eight years, regardless of the crime committed. The punishment for corruption, for example, is between 2 and 12 years – so it is possible that a person convicted of corruption will not go to jail if the sentence is less than eight years.
– What changes
closed regime becomes valid for repeat offenders and also for those found guilty of corruption and embezzlement. Also valid for the theft of firearms. The project also limits the progression of the regime (from closed to semi-open, for example) to cases of death of the victim. Another measure in the anti-crime package is the end of the temporary exits of convicted prisoners of heinous crimes (such as homicide, robbery, rape and genocide), torture and terrorism. Recognized guilty of joining a criminal organization, he will not be able to leave the regime if it is proven that he has links with the group.
6. CRIMINAL ORGANIZATION
– Comment
The law considers as a criminal organization the badociation of four or more persons orderly and characterized by the division of tasks in order to obtain any advantage whatsoever, by the practice of offenses punishable by more than four years
This includes in the definition the known criminal factions – such as CCP, Red Command, North Family, Pure Third Commandment, Friends of Friends. Militias will also be explicitly clbadified as criminal organizations.
7. Firearms
– Just as
The law provides that the penalty of firing, possession or unlawful possession, illegal trading and international trafficking in firearms is increased if the defendant is member of the security forces or employee of the company
This increases the sentence for the same crimes if the defendant already has a criminal record, with a second instance conviction.
8. CONFLICT OF THE PRODUCT OF CRIME
– Comment
The Criminal Code generally provides for the confiscation "of the proceeds of crime or any valuable or valuable benefit acquired […] by the practice of the criminal act." 19659006] What Changes
Specifies that the confiscation of a property will correspond to the difference between the value of the convicted person's estate and that which is consistent with his legal income, in the case of conviction for an offense with maximum penalty of six years of imprisonment. Works of art or other property of cultural and artistic value are then sometimes destined for public museums
.
– What Changed
expressly authorizes the use of seized and seized badets of criminals for prevention and suppression activities.
crimes, with the priority of the public security agency that conducted the investigation. For example, smugglers and traffickers seized by the Federal Police in Foz do Iguaçu (PR) on the border with Paraguay may be used by the Federal Police during border patrols. When the procedure becomes final, the property becomes definitely the property of the public body
10. ORDER
– How is it
The statute provides that the limitation period expires in certain cases, for example when the defendant is serving a sentence abroad.
– What's Changing
Includes new situations for the warrant to stop running, such as when there are pending appeals before the higher courts (STF and STJ).
11. CRIME OF RESISTANCE
– How is it
The law provides for a custodial sentence of two months to two years for those who oppose the execution of 39 a legal act by resorting to violence or threats to the public official. When the act is not consumed because of resistance, the punishment provided is 1 to 3 years imprisonment
– What changes
He adds that if the resistance causes the death of the agent, the penalty goes from 6 to 30 years of imprisonment.
12. CRIMINAL AGREEMENTS RELATING TO INVESTIGATIONS ON IMPROBITY
– How it Works
There is no legal provision today.
– That changes maximum penalty less than four years. The public prosecutor may propose remedies without an offer of termination to the courts, under certain conditions, such as compensation for the damage caused, waiver of the proceeds of crime or crime, provision of services or fine. According to experts, the measure is inspired by US law ("advocacy"). In the civil sphere, previously prohibited administrative impropriety compensation agreements are also possible.
STAY INSIDE: What is the means of negotiation required by Sergio Moro to implement in Brazil?
13. INVESTIGATION OF A PRIVILEGED FORUM
– What Happens
Investigation or prosecution at first instance should be referred to the Supreme Court, for example if there are indications of involvement of political leaders with special competence (president, ministers, deputies, etc.). Senators).
– What's Changing
Authorities who act in the first place only return the part concerning the politician with special competence to the STF and continue the investigation of the other suspects . In this example, the investigation or prosecution is fully referred to the Supreme Court only if it decides that it is imperative to hear all the parties concerned.
14. TWO BOX CRIME
– How It Happens
Two cases of money are judged on the basis of an article in the Election Code that speaks of omission or falsity in liability before electoral justice. The punishment is considered indulgent (up to five years) and does not apply to those who have paid in cash two. Most investigations opened at the STF based on the Odebrecht Flood in Lava Jato, for example, investigate box two. According to the Supreme Electoral Tribunal (TSE), there is no registration of convicts by box 2.
– What changes
Typifies the offense of box two, with a punishment of 2 to 5 years imprisonment "if the fact does not constitute crime" (it is not accompanied by corruption, for example). It provides for an increase of the sentence if there is a participation of a public official and extends the sentence to the one who gave the money via box 2.
15.
The Code of Criminal Procedure states that this practice is "exceptional" and should be used in certain situations, for example to prevent any risk to public safety related to the movement of an inmate
] – which change
Extends cases in which the judge can hear prisoners by videoconference and removes code "exception" from the measure. This is a request from the governors, who claim to spend a lot of money for transporting detainees to court.
16. Prison of Criminals
– How
Prisoners in flagrante delicto may benefit from a Provisional Release if they deem that he committed the crime in a state of necessity, in self-defense or in strict compliance with the legal obligation. changes
He adds that a judge must refuse bail when he finds that the offender "is a repeat offender or that he is involved in the habitual, repeated or professional practice of criminal offenses or if it is a criminal organization ", unless the offense is very slight.
17. MAXIMUM SECURITY PRESSURES
– Same as
"Those whose measure is justified in the interest of public security or the prisoner" are arrested in maximum security federal prisons.
– What Changed
Adds details about the realization of the sentence in these prisons: individual cell, visits only certain days, maximum two people at a time, "separated [do preso] by a glbad and communication by intercom , recording and recording ", among other specifications. The measure aims to prevent faction leaders from sending orders through the intermediary of relatives and friends. Conversations with lawyers are not recorded.
20. DNA BANK OF PRISON
– Like
To be convicted of serious and violent crimes, a DNA sample must be collected and stored in a database in order to facilitate future investigations.
– What changes
He adds that the DNA will be collected at the time of entry of the prisoner into the prison, in order to enforce a law already exists. The refusal of the sentenced person to submit to the sample is considered serious misconduct. This also changes when the genetic profile can be excluded from the database: after acquittal of the accused or after 20 years of imprisonment.
21.
The Union, states, municipalities, and state-owned enterprises must establish ombudsman offices in which any person
can report crimes against the person. public administration, protecting their identity. This also allows the informant to be rewarded if his complaint results in the return of misappropriated public funds. It could contain up to 5% of the recovered value.
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