LIVRAMENTO CONDICIONAL - PARTE 1 - Direito Penal - OAB e CONCURSOS PÚBLICOS

Summary

This video lesson delves into the concept of conditional release (livramento condicional) in Brazilian criminal law, focusing on the essential requirements and legal framework. It covers the three objective requirements for granting conditional release, such as the length of the sentence, damage restitution, and time served. Additionally, it outlines the different types of conditional release and the necessary conditions, including good behavior, work performance, and damage repair. The lesson also addresses the potential revocation of the release, its effects, and key articles from the Penal Code and the Law of Penal Executions (LEP).

Takeaways

• 😀 Livramento condicional (conditional release) is a legal measure that allows a convicted person to be released before serving their full sentence, provided certain conditions are met.
• 😀 The concept of livramento condicional is explained as an 'early, conditional, and precarious' release, with the convict needing to comply with set conditions during the remainder of their sentence.
• 😀 Conditional release is governed by articles 83 to 90 of the Penal Code and articles 131 to 146 of the Law on Penal Execution (LEP).
• 😀 The definition by Cléber Masson emphasizes that livramento condicional is granted to those who have served part of their sentence and meet legal requirements.
• 😀 Three key objective requirements for conditional release: the sentence must be over two years, the convict must repair the damage (unless impossible), and part of the sentence must already be served.
• 😀 Livramento condicional can be granted after the convict serves one-third of their sentence if they have no prior criminal record, or after half if they are a repeat offender.
• 😀 Specific conditions for certain crimes, such as heinous crimes or drug trafficking, require the convict to serve two-thirds of their sentence before being eligible for conditional release.
• 😀 The importance of studying the legal text (lei seca) is emphasized for success in law exams and competitions.
• 😀 The script highlights key articles from the Penal Code, detailing conditions for the granting, revocation, and effects of conditional release.
• 😀 Revocation of conditional release can occur if the convict commits another crime or violates the terms of their release. Once revoked, the time spent under conditional release cannot be credited towards the sentence.

Q & A

What is the definition of conditional release (livramento condicional)?

Conditional release is when a convicted individual is released from prison before fully serving their sentence, under the condition that they comply with legal requirements for the remaining duration of their punishment.

What are the main legal frameworks that govern conditional release in Brazil?

Conditional release is regulated by Articles 83 to 90 of the Brazilian Penal Code and Articles 131 to 146 of the Law of Criminal Enforcement (LEP).

According to Cléber Masson, what are the key characteristics of conditional release?

Cléber Masson defines conditional release as 'anticipated,' meaning it occurs before the full sentence is served, 'conditional,' as the individual must meet certain conditions during the remaining time, and 'precarious,' meaning the release can be revoked if certain conditions are violated.

How many objective and subjective requirements are there for granting conditional release?

There are three objective requirements and five subjective requirements for granting conditional release, as stated in Article 83 of the Penal Code.

What are the three objective requirements for granting conditional release?

The three objective requirements are: 1) The sentence must be for a prison term of at least two years. 2) The offender must repair the damage caused by the crime, unless it's impossible. 3) The offender must have served part of the sentence, with the duration depending on the crime and prior criminal record.

What is the difference between simple and qualified conditional release?

For simple conditional release, the offender must serve more than one-third of the sentence if they are a first-time offender with good behavior. For qualified release, the offender must serve more than half of the sentence if they are a repeat offender or have committed a serious crime.

What are the specific requirements for conditional release in the case of heinous crimes?

For heinous crimes (such as torture, drug trafficking, human trafficking, or terrorism), the offender must serve two-thirds of their sentence before being eligible for conditional release, unless they are not a repeat offender in these specific crimes.

What does the Penal Code require for the judge when granting conditional release?

According to Article 83, the judge may grant conditional release to a convicted individual serving a prison sentence of two years or more, provided certain conditions are met, including serving a specific portion of the sentence based on the nature of the crime and the offender's criminal history.

What can lead to the revocation of conditional release?

Conditional release can be revoked if the released individual commits a crime during the benefit's validity or if they fail to comply with any of the obligations set out in the release conditions. Additionally, revocation can occur if the individual is convicted of a crime that does not carry a prison sentence.

What happens if conditional release is revoked?

Once conditional release is revoked, the individual cannot be granted conditional release again, unless the revocation was due to a conviction for another crime that occurred before the conditional release. The time spent outside prison is not deducted from the remaining sentence.