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BRASILIA – The Third Section of the Superior Court of Justice (STJ), in trial on Wednesday, confirmed a precautionary measure granted in April and granted a collective habeas corpus and authorized the release of all the country’s prisoners who only need to pay bail to leave. . imprisonment.
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The decision was in response to a request from the Public Defender’s Office of Espírito Santo and is based on the risk situation that prisons represent for the spread of Covid-19. In April, Minister Sebastião Reis had already granted this right to prisoners throughout the country in a preliminary order, now confirmed by the court.
Detainees who were held in other conditions, without having to pay bail to leave prison, will continue in the same situation.
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“The Third Section, unanimously, granted the order to determine the release, regardless of the payment of the bond, in favor of all those who were granted provisional release subject to the payment of the bond in the state of Espírito Santo and remain subject to precautionary deprivation of liberty for non-payment of the amount, with determination of the extension of the effects of this decision to the prisoners who were granted provisional liberty subject to the payment of bail, throughout the national territory and, where appropriate , and other precautionary measures imposed various and the bond, only the bond is removed, maintaining the other measures, “says an extract from the record of the trial.
The document continues: “In turn, in cases in which other precautionary measures have not been determined, with the bond being the only caution imposed, it is necessary that the State Courts of Justice and the Federal Regional Courts determine the judges of first instance to verify, urgently, the convenience of imposing other precautionary measures in substitution of the bail now discarded, in the terms of the vote of the Minister-Rapporteur ”.
