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Luiz Fux (Credit: Nelson Jr)
The president of the National Council of Justice (CNJ) and the Federal Supreme Court (STF), Minister Luiz Fux, decided to restrict the cases in which prisoners can be released by covid-19.
According to Recommendation No. 78, signed today (15) by the minister, persons accused of corruption, money laundering, atrocious crimes and domestic violence will not be able to benefit from the review of preventive detention or the penalty enforcement regime. It is the first act of Fux in the presidency of the CNJ.
The minister’s decision restricts Recommendation No. 62, issued in March by former President Dias Toffoli. The previous rule opened the possibility of release for all prisoners.
By reformulating the norm, Fux justified that the country cannot “go back in the fight against organized crime and in the fight against corruption.” In addition, the minister took into account the increase in cases of domestic violence during the pandemic.
Through the two resolutions of the CNJ, judges and courts must reevaluate the need for arrests to prevent the spread of the new coronavirus in prisons.
Priority should be given to pregnant women, nursing mothers, mothers or those responsible for children up to 12 years of age, the elderly, indigenous people, people with disabilities or at risk.
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