The Penal Execution Law (LEP) discusses the conditions for the fulfillment of the sentence and means for the social rehabilitation of the convicted and the interned. The purpose set forth by Law 7.210/84 is already in article 1: "penal execution aims to give effect to the provisions of a criminal sentence or decision and to provide conditions for the harmonious social integration of the convicted and the interned".
The LEP (Law of Criminal Execution) appears as an ally for professionals working in Criminal and Criminal Procedure Law, since lawyers, public officials, and interns will often encounter specific cases that require knowledge of the Law of Criminal Execution.
In this article, you will quickly and easily uncover the main points of the Penal Execution Law to give you more confidence when providing the necessary legal support. Let's go?
What forms of assistance are provided to convicts under the Penal Execution Law?
The forms of assistance provided for in the Penal Execution Law are: material assistance, health assistance, legal assistance, educational assistance, social assistance, and religious assistance. All of these are specified in items I to VI of article 11 of the Penal Execution Law. Now, let's examine each of them in detail.
Read also: Precautionary measures: understand the main points
material assistance
The rights guaranteed by the LEP's material assistance are those crucial for the individual's survival.
According to Mirabete (2007, p. 66), "material assistance, according to the law, consists of providing food, clothing and hygienic facilities to prisoners and inmates".
Furthermore, according to articles 12 and 13 of the Penal Execution Law, the State must guarantee that detained prisoners receive food, clothing, adequate sanitary facilities, services that meet the prisoners' personal needs, as well as places designated for the sale of permitted products and objects not provided by the Administration.
Health care
Now let's look at the second type of assistance provided for in the LEP (Law of Penal Execution). According to article 14 of the Law of Penal Execution, "health care for prisoners and inmates of a preventive and curative nature shall include medical, pharmaceutical and dental care ," and if such care is insufficient within the penal establishment, it shall be provided in a suitable, equipped center.
Furthermore, the inclusion of the last paragraph in this article of the Penal Execution Law , which states that "medical care will be ensured for women, especially during prenatal and postpartum periods, extending to the newborn," aims to comply with the provisions of Article 5, L, of the Federal Constitution: "female prisoners will be guaranteed conditions so that they can remain with their children during the breastfeeding period . "
Therefore, the Penal Execution Law stipulates that medical surveillance of female prisoners must be guaranteed throughout pregnancy and the postpartum period, including care for the newborn.
legal assistance
The third type of assistance provided for in the Penal Execution Law is found in articles 15 and 16, which stipulate the granting of legal assistance to indigent prisoners and inmates.
"Article 15. Legal assistance is intended for prisoners and inmates who lack the financial resources to hire a lawyer."
Article 16. The Federative Units shall have comprehensive and free legal assistance services provided by the Public Defender's Office, both inside and outside penal establishments.
Although it is acknowledged that the LEP (Law of Penal Execution) is advanced in this regard, the process is lengthy and known to be slow for inmates awaiting justice.
Educational assistance
Another significant advancement of the Penal Execution Law is educational assistance, with provisions for compulsory primary education, vocational training, and the requirement of a library within the prison system. Let's look at the legal text:
"Article 17. Educational assistance shall include schooling and vocational training for prisoners and inmates."
Article 18. Primary education will be compulsory, integrated into the school system of the Federal University.
Article 19. Vocational training will be provided at the introductory or advanced technical level.
Sole paragraph. The convicted woman will receive vocational training appropriate to her condition.
Article 20. Educational activities may be the subject of agreements with public or private entities that establish schools or offer specialized courses.
Article 21. In accordance with local conditions, each establishment shall be equipped with a library for the use of all categories of prisoners, stocked with instructive, recreational, and educational books.
Social assistance
The rights guaranteed in social assistance are important for the well-being of prisoners, as well as for solving social problems. Let's look at them now:
"Article 22. The purpose of social assistance is to support prisoners and inmates and prepare them for their return to freedom."
Article 23. The social assistance service is responsible for:
I – to know the results of diagnoses or tests;
II – to report, in writing, to the Director of the establishment, the problems and difficulties faced by the person being assisted;
III – to monitor the outcome of exit permits and temporary exits;
IV – to promote recreation within the establishment, using the available means;
V – to promote guidance for the assisted individual, in the final phase of serving their sentence, and for the released individual, in order to facilitate their return to freedom;
VI – to arrange for the obtaining of documents, Social Security benefits and workers' compensation insurance;
VII – to guide and support, when necessary, the family of the prisoner, the inmate, and the victim.”
Religious assistance
In accordance with Article 5, VI, of the Federal Constitution, prisoners must have the opportunity to participate in religious services, enjoy full freedom of belief, including the right to have no belief, as well as the right to possess books related to their chosen religion, as per Article 24 of the Penal Execution Law.
"Article 24. Religious assistance, with freedom of worship, shall be provided to prisoners and inmates, allowing them to participate in services organized within the penal establishment, as well as to possess books of religious instruction."
Given the assistance provided to convicts under the Penal Execution Law, let us now move on to the very important incidents of penal execution foreseen in the LEP.
What are the incidents of penal execution?
The incidents of execution in the Penal Execution Law are: conversions, excesses of execution, deviations of execution, amnesty, and pardon.
First, as a legal professional, you need to understand that incidents in criminal enforcement proceedings are secondary issues and procedures that affect the main proceedings and should be resolved before a decision is made on the merits of the case, in the context of criminal proceedings.
Now that the legal concept is clear, let's examine each of the criminal enforcement incidents foreseen in the LEP (Law of Criminal Enforcement).
Conversions
These are alterations to the nature of the penalty, as stipulated by law.
In theory, this allows for the transformation of a custodial sentence into a non-custodial sentence, as well as the conversion of a non-custodial sentence into a custodial sentence, provided certain legal conditions are met.
Over-execution
Another issue in the Penal Execution Law is excessive execution. As the name suggests, it refers to the imposition of more restrictions than those provided for by law for the serving of the sentence.
Deviation from execution
Now, the third incident in the Penal Execution Law is the deviation from execution, the failure to faithfully comply with the legislation regarding the serving of the sentence, thus generating undue distortions in the case.
Amnesty
It is defined as clemency granted by the Legislative Branch, through law, concerning the forgetting of criminal acts and thus generating the extinction of the punishability of those involved.
Pardon
Here, pay close attention not to confuse this with the previous incident. A pardon is an execution procedure in the LEP (Law of Penal Execution) that refers to a pardon granted by the President of the Republic, by decree.
It can be granted to many convicts (collective pardon), under certain conditions, or to a single convict (individual pardon or clemency), resulting in the extinction of punishability.
At this point, you already know some of the main concepts of the Penal Execution Law. With that in mind, we can move on.
What does "petition for an incident in criminal enforcement proceedings" mean?
A petition for an incident in criminal enforcement proceedings is the act of attaching to the case file a procedural document in which one of the parties makes a request to the judge related to the incident in criminal enforcement proceedings.
The term "penal execution incident" refers precisely to the legal concept we just discussed in this article. These are secondary issues and procedures that affect the main procedure and must be resolved before a decision on the case. It's worth remembering that they are divided into conversions, excesses of execution, deviations in execution, amnesty, and lastly, pardon.
Final considerations on the Penal Execution Law
Brazil's Penal Execution Law is undoubtedly considered one of the most advanced in the world.
Our LEP (Law of Penal Execution) encourages the rehabilitation of individuals and, as a result, establishes a series of guidelines aimed at social reintegration. If applied correctly, it makes a significant contribution to the social development of the country.
Therefore, it is clear that knowledge of the Penal Execution Law is extremely important for legal practice and contemporary social debate. Not to mention that familiarity with Criminal Law and Criminal Procedure is an essential factor for the career of anyone who truly wants to stand out in the market.
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