We are approaching a new procedural life in the Brazilian penal system, but dismiss the idea of having in effect a life sentence or the death penalty. Not at all. We rely on some notable changes of praise, others do not seem ideal to figure in the new Penal Diploma. Can Do recognize that it is too “old” to claim the reform in the Brazilian Penal Code which is in force since 1940. The bill under study and discussion is long-standing, 2012, not yet voted, standing to claim a firm and fast position by our parliamentary Brasilia. It can be stated without any risk of error, that the draft was well worked and conveniently studied by a commission formed by renowned jurists for a few months, and subsequent to this study, delivered to Senate President Jose Sarney at the time, that 27 June 2012, and since then, it is moving the “turtle” steps to excuse us harmless bug (Caretta caretta), under the name of PLS 236/2012.
During the studies the Commission has as its president the minister of the Superior Court of Justice Gilson Dipp and as rapporteur Luiz Carlos dos Santos Gonçalves, regional attorney of the republic. This “old” reform proposal involves significant issues and some very controversial, especially the point at which promotes increased the list of crimes considered heinous, ease in check drunk driving, the expansion of women’s possibilities to undergo surgery to abortion, decriminalization of drug use and even questions about cybercrime.
In that bill is centered as big news in the Brazilian penal system, regulation of ortanasia also called “passive euthanasia” and, in some cases, may even receive judicial pardon. What is needed for decades it seems to us, is provided for PLS project, unification of all Brazilian criminal law, which in addition to the 1940 Criminal Code, has over one hundred and thirty special laws, is seen in the draft is to reduce the Too many types of crimes, a consolidation of all this only a single lçegislação prioritized by the new Code, which would also updated its General Part. Intended, equally, the commission of famous lawyers, reconcile criminal law with the Federal Constitution itself, proposing, for example, the express repeal of the notorious National Security Law issued during the military dictatorship, suppressing one of “crimes against the rights human “, but incorporating the new Penal Diploma articles of the Treaty of Rome that created the International Criminal Court.
The already aged draft of June 27, 2012, in its form as a future Criminal Code was presented, as stated above, the then chairman of the Senate (José Sarney), after seven months of discussions made by a well-committee of jurists . It is in the Senate receiving suggestions and alleged modifications, identified by PLS 236/2012. Is surrounded by a veritable “patchwork quilt” formed by a large number of suggestions that were presented, more than 30,000, deducted by sectors of civil society and legal entities being proposed more than 350 amendments to the project, including changes to controversial points, including the issue of abortion.
After delivery of Jurists Commission report, the Senate created a special committee of Senators to discuss it and improve it, or leave it worse. The rapporteur was drawn Senator Pedro Taques, that at the end of the work, eventually presenting a new project, replacement of the former. Many of the criticisms directed at the draft were accepted, in particular those relating to the disproportionate penalties provided. However, the text has lost several innovations that had been proposed, such as the expansion of criminal liability of legal persons, and the forecast balance between prosecution and defense. With the substitute bill, other measures taken as liberalizing abortion-related and drug use were also discarded. But even caused surprise by reaching politicians and considered controversial, the issue is referred to as “2 election box” that continues predicted. The Senator Pedro Taques authoring substitute has been approved by the Senate committee and then sent to the Committee on Constitution and Justice of the Senate, which clears waiting for approval to be sent to final discussion by parliamentarians.
As stated above, the bill expands the list of heinous crimes. New heinous crimes would be classified as torture, slave labor, racism, crimes against humanity and terrorism. An interesting proposal was not approved against the direct interest of parliamentarians and public officials, to make public corruption heinous crime. This reproach, seen by the operator of the Law, shows consistency since the 1940 Penal Code only deals with the first-degree murder and heinous crime, while terrorism and crime against humanity are not considered heinous crimes in the current Criminal Diploma and in that treadmill does not fit well corruption. That our way of understanding, deserves the most drastic penalty. [
Proof of drunk driving will be easier (the DMV is modern in this issue). Before, to prove it, the test breathalyzer or blood test was needed, forcing in a sense, someone produce evidence against himself, which is constitutionally illegal, forbidden in the current criminal justice system. With the proposal, both the breathalyzer test (breath) as the blood test will continue to be accepted as evidence, but rather to serve for prosecution is to prove the innocence of the driver. Other evidence may be used to establish the drunkenness of the driver, such as witness testimony, photos, videos, and other evidence admitted in our law.
The new Penal Code abortion will be allowed until the 12th week of pregnancy if a physician or psychologist finds that the pregnant woman has no psychological conditions to manage their liability arising motherhood. There is criticism of the actual abortion and also about the abortion limit to specifically provided for.
A well-discussed issue that still deserves attention before being approved refers to euthanasia. Is prohibited and is expected to be punishment for those who realize it, but chances of judicial forgiveness, when, for example, is performed honoris causa by a family member or someone with strong bonds of affection with the victim. The ortonasia, in turn, is approved and when regulated, is allowed.
The bill will come into final discussion provides article by which drug users fail to answer criminal case sow, cultivate, harvest plants for the production of drugs for personal use or in its possession in the prison act a minimal amount for personal use. The bill brings in your essay the own use of presumption, limiting amount equivalent to five days of regular use of the drug. No suggestion of great jurists for the assessment of this amount is made by competent health agencies, similar to what occurs in Portugal. To in connection to the dealer and the person who finances the drug market, the penalty will be far more rigid, reaching up to 21 years in prison without any flexibility.
Modern and interesting the penalty of cyber crimes, provided in a specific chapter, inspired by the Budapest Convention. Considered consummated crimes: theft of passwords, credit cards, in addition to own minus money directly machines and ATMs. Cyber crimes are not provided for in the Penal Code of 1940. In addition, the proposals there is the increase in species types and forms for the crime framework of discrimination. Among the changes proposed criminal, one predicts how crime in addition to the cases already provided for, discrimination by gender, gender identity, regional origin and sexual orientation. For the crime of mistreatment of animals, the penalty will be more accurate, since the 1940 Criminal Code, it is only of a misdemeanor. For this crime, the new Criminal Code sentencing penalties would be 1-4 years in prison. Provided also as a crime and subject to penalties, the pet abandonment, wild or are in Flyway
There are proposals to make crimes acts such as bullying and stalking. The bulliyng is defined in the penal code as “vexatious bullying” and come to four years in prison; stalking is defined as “obsessive pursuit” and reach to six years in prison. Other proposed crime would be the militia crime, corruption among individuals, illicit enrichment, and others.
Many have been critical to the new Penal Code. One of them came from conservative Senate sectors such as evangelical bench who understands the excessively liberal draft. The Order of Lawyers of Brazil by its president criticized the disproportionate penalties. He gave the example that destroy a “wild animal nest” provides for a sentence of two to four years in prison and those who buy wild animals the penalty is up to six months in prison, while for the most hard-hitting crime as abandonment the incapable, the penalty shall be one to four years.
Many understand that it is not set gather all the criminal law only in the Criminal Code, saying that there is specificity recommend the permanence of a few scattered laws. Thinkers attuned to the penal abolitionism, albeit moderate, they saw in the draft a revaluation of punitive space, and we agree with the caveat that it is still fragile against the Brazilian banditry ..