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The Sixth Court of the Superior Court of Justice (STJ) granted on Tuesday 8, collective habeas corpus that authorizes all those sentenced to the minimum penalty for privileged drug trafficking in the State of São Paulo to comply with the sentences in an open regime. According to the São Paulo Public Defender’s Office, around 1,100 prisoners should benefit from the decision.
The opinion responds to a request from the defenders with the argument that the State Justice did not comply with the understanding established by the Supreme Court of Justice of the Federation and the STJ itself, according to which the modality was excluded from the list of crimes atrocious. With this, the norm that prohibited the substitution of the closed regime by restrictive penalties of rights was revoked and imposed a criminal treatment with “more benign lines” to those convicted.
Privileged trafficking is one that involves a small amount of drugs, accused with a good record and without evidence of prior illicit activity and integration with the criminal organization.
According to the decision of the STJ, in addition to the immediate relaxation of the closed regime imposed on those sentenced to a minimum sentence of 1 year and 8 months of detention, the criminal execution courts must re-evaluate the ‘maintenance of the prison of those sentenced to lesser sentences to four ‘with the greatest urgency. years of imprisonment, checking whether it is possible to decree progression to the open regime. The decision also guarantees the application of the criteria for future cases.
“If the Penal Code determines that, if the sanction is set at a level of less than 4 years of imprisonment, the initial sanctioning regime must be open when the circumstances are all favorable to the agent, also allowing the substitution of a deprivation of liberty by a restriction of freedom. rights, there is no reason to impose on those convicted of the most tenuous form of the crime of drug trafficking the same sanctioning regime that is usually imposed only on those convicted of other crimes, or even for trafficking, to more than 8 years of punishment, repeat offenders or people in unfavorable circumstances ”, said Minister Rogerio Schietti Cruz, rapporteur of the request.
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