The Chamber of Deputies approved this Wednesday (3) the project that ends the temporary release of prisoners from prisons. The matter goes to the Senate for review.
The proposal originated in the Senate and provided only that temporary departures would be limited. However, as it passed through the Chamber, deputies decided to extinguish the benefit. The approved text provides for the revocation of all exit possibilities, which are currently available to convicts in a semi-open regime, such as visiting family during holidays, attending courses and participating in activities.
For the rapporteur, Captain Derrite (PL-SP), the existence of the benefit of temporary departure circumvents the criminal law itself, by frustrating proportionality in serving the sentence. In addition, he highlighted that many prisoners do not return to the prison system after leaving.
“The São Paulo Penitentiary Administration Department (SAP) reported that in the transition from 2021 to 2022, 1,628 prisoners who left the state penitentiaries, during the so-called ‘temporary end-of-year exit’, did not return to the São Paulo prison system”, argued the deputy. “There is already a legal provision for serving the sentence and progression of the regime in a proportional way, the temporary departure causes everyone a feeling of impunity in the face of the perception that sentenced people do not fulfill their sentences, and the worst, that crime pays. ”, he added.
The approved text also requires carrying out a criminological examination as a requirement for the progression of the regime and for the authorization of the semi-open regime. The analysis must prove that the detainee is able to adapt to the new regime with self-discipline, low risk and a sense of responsibility.
“The criminological examination, consisting in the issuance of a technical opinion by a multidisciplinary team, is a much more effective tool to assess the convict’s ability to adapt or not to a less rigorous regime than a finding of good prison conduct proven only by the director of the prison. establishment, as provided for by current legislation”, argued the rapporteur.
Deputy Erika Kokay (PT-DF) criticized the approval of the matter. According to her, temporary departures are a process of re-socialization, it is the law’s way of ensuring that the person is able to live in society, undergoing a test.
“What are temporary departures? First, they are only due to those who are in a semi-open regime. Therefore, people who are entitled to temporary leave are already in semi-liberty. They are already in contact with society. whole day and just sleep inside the prison unit.