Chamber Approves Project That Predicts Imprisonment After Second Instance

The Constitution and Justice Committee of the Chamber of Deputies approved this Wednesday afternoon 20 the admissibility of the PEC Proposed Amendment to the Constitution which authorizes the arrest of defendants after conviction in the second instance 50 deputies voted in favour while 12 were against.

The PEC 199 authored by deputy Alex Manente CidadaniaSP still needs to go through a mixed commission formed by deputies from different commissions and then proceed to vote in the plenary.

The bill is one of those pending in Congress and which has gained prominence in recent weeks after the STF Federal Supreme Court understands that the arrest should only occur after the final judgment of the processes and that the defendant can wait in freedom while waiting the completion of features The STF decision ended up freeing former president Luiz InĂ¡cio Lula da Silva.

The text approved on Wednesday establishes the transit in res judicata of the criminal action after the judgment in second instance in the state courts of justice and in the federal regional courts Thus the criminal action ends at the second instance To appeal to higher courts interested parties must file another lawsuit.

The proposal is different from the one presented by deputy Alex Manente in 2018 and which faced difficulties to advance in the Legislative One of the arguments was that the measure would be overturned since it altered article 5 of the Constitution considered a permanent clause and that cannot be changed by any project except for a new constituent The passage addresses fundamental rights of citizens including the possibility of awaiting the end of the trial in freedom.

In justifying the new PEC the deputy stated that the resources consume a good part of the work of Organs higher bodies STF and STJ Superior Court of Justice.

The transformation of these appeals into new actions with the beginning of the sentence would tend not only to remove a positive incentive to the filing of delaying appeals but also to give true effectiveness to the judicial decisions that today drag on for decades without the due execution.

PT PSOL PC do B and Pros voted against arguing that the new PEC also violates the Constitutions fundamental clause on fundamental rights.

Parallel to the progress of the PEC in the Chamber the Senate is preparing for next week the vote on a bill that amends the Code of Criminal Procedure to allow imprisonment after conviction in second instance.

The text wants to determine that no one can be arrested except in flagrante delicto or by written and reasoned order of the competent judicial authority as a result of a criminal conviction by a collegiate body or by virtue of temporary or preventive detention.

Currently article 283 of the code provides that imprisonment can only occur as a result of a final and unappealable conviction or during the investigation or proceeding in a precautionary manner temporary or preventive.

The proposal was presented by senator Lasier Martins PodemosRS but received new wording from the rapporteur Judge Selma PodemosMT who presented a substitute.

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