Post by forum244 on Oct 20, 2023 22:55:28 GMT -5
Brazilian legislation understands that the nature of the sentence must be one of resocialization of the convict, with the aim of ruling out the possibility of criminal recurrence in any crime, after being released. Thus, regime progression is nothing more than the opening of this space, so that the individual can gradually return to live in society.
Thus, when sentencing, the judge special data he convict must initially serve the sentence. Therefore, the progression of the regime is when the convict meets the requirements to continue serving the sentence, but in a less severe regime.
This involves a gradual change in the sentencing regime, where the convict leaves a more rigorous regime and moves to a lighter regime. Therefore, regime progression is a right guaranteed to prisoners who are serving a custodial sentence.
Our system allows regime progression and regression. Regression can occur for any more rigorous regime. Therefore, it is possible for the convict to return from the open to the closed regime, without having to go through the semi-open regime.
Unlike progression, in regime progression the convict must go from a more rigorous regime to one less rigorous than the previous one, progressing from the closed regime to the open regime directly is prohibited, and the convict must go through the semi-open regime to do so.
The jurisprudential understanding is already summarized in the STJ, in the sense of prohibiting progression per saltum, as demonstrated:
Precedent 491 – The so-called per saltum progression of the prison regime is unacceptable.
It is also important to highlight that if a place is not obtained at the designated place of fulfillment, the prisoner will not be able to continue in the more severe regime due to simple unavailability, according to Binding Precedent 56:
The lack of an adequate penal establishment does not authorize the maintenance of the convict in a more serious prison regime, and, in this case, the parameters set out in RE 641.320/RS must be observed.
Thus, when sentencing, the judge special data he convict must initially serve the sentence. Therefore, the progression of the regime is when the convict meets the requirements to continue serving the sentence, but in a less severe regime.
This involves a gradual change in the sentencing regime, where the convict leaves a more rigorous regime and moves to a lighter regime. Therefore, regime progression is a right guaranteed to prisoners who are serving a custodial sentence.
Our system allows regime progression and regression. Regression can occur for any more rigorous regime. Therefore, it is possible for the convict to return from the open to the closed regime, without having to go through the semi-open regime.
Unlike progression, in regime progression the convict must go from a more rigorous regime to one less rigorous than the previous one, progressing from the closed regime to the open regime directly is prohibited, and the convict must go through the semi-open regime to do so.
The jurisprudential understanding is already summarized in the STJ, in the sense of prohibiting progression per saltum, as demonstrated:
Precedent 491 – The so-called per saltum progression of the prison regime is unacceptable.
It is also important to highlight that if a place is not obtained at the designated place of fulfillment, the prisoner will not be able to continue in the more severe regime due to simple unavailability, according to Binding Precedent 56:
The lack of an adequate penal establishment does not authorize the maintenance of the convict in a more serious prison regime, and, in this case, the parameters set out in RE 641.320/RS must be observed.