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The Attorney General of the Republic Augusto Aras appealed on Friday 18 the precautionary measure of Minister Edson Fachin, of the Federal Supreme Court, who sent to house arrest all the prisoners of the semi-open who are in the risk group of covid-19 and they were in tight chains. For the PGR, the decision contravenes the principle of individualization of the sentence and brings risks to the population.
Fachin attended the collective habeas corpus filed by the Public Defender’s Office, determined that the country’s courts of justice analyze the individual cases that the measure would contemplate. The minister stressed that it is not an automatic release, since each prisoner must prove to be at risk, be in a unit that has registered a case of covid-19, is overcrowded or does not adopt sanitary measures.
The minister said that judges can deny house arrest or provisional release if the requirements established in their decision are not proven.
For Aras, however, the measure violates the principle of individuality of the sentence and does not guarantee that prisoners will be safer at home than in prison.
“Requests for the release or progression of the regime must be analyzed individually, without formulas or general rules, as the DPU claims, under penalty of violation of the principle of individualization of the sentence,” said the PGR. “In addition, there is no way to guarantee that the prisoners who are finally released through collective actions respect the general recommendations aimed at preventing the spread of the virus, such as social isolation and the use of a mask.”
Custody hearing
Aras also appealed against another decision by Fachin, which determined that custody hearings must be held for all types of prison arrangements, and not just red-handed arrests.
For the PGR, the measure is unnecessary because in prison cases determined by a judge in a reasoned decision and with a court order, the magistrate has previously evaluated the case. What differs from arrest in the act, when there is no prior analysis of the case or an arrest warrant. Aras also recalls that the Court has already ruled that pretrial detention without a custody hearing is legal.
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