Das outras medidas cautelares diversas da prisão - Aula Completa - Processo Penal

Summary

This video script discusses alternative precautionary measures to imprisonment under Brazilian law, focusing on the provisions of Article 319 of the Code of Criminal Procedure. The speaker covers measures such as periodic court appearances, various prohibitions (e.g., access to certain places, contact with specific individuals), house arrest, provisional internment, and electronic monitoring. It also explains the process of provisional release (liberdade provisória) with or without bail and clarifies the legal distinctions between crimes that are bailable and those that are not. The speaker offers practical insights and examples to help students prepare for exams on these topics.

Takeaways

• 😀 Other preventive measures in criminal procedure are outlined in Article 319 of the Brazilian Penal Code.
• 😀 Preventive measures include periodic court appearances, prohibitions on accessing certain places, and prohibitions on contacting specific people.
• 😀 Home detention (recolhimento domiciliar) is a common alternative to prison, allowing individuals to stay home during certain hours like nighttime or weekends.
• 😀 Temporary internment (internação provisória) can be applied to individuals deemed mentally unfit or semi-unfit to stand trial.
• 😀 Electronic monitoring is another form of preventive measure, often used in place of traditional detention.
• 😀 Freedom without bail (liberdade provisória) can be granted by the judge or police authority, depending on the severity of the crime.
• 😀 Bail is not available for crimes with a penalty greater than 4 years, which require judicial approval.
• 😀 Some crimes, such as racism and actions by armed groups, are considered inaffiançáveis (inaffiançable) and cannot receive bail.
• 😀 Inaffiançáveis crimes are also imprescriptible, meaning they cannot be subject to a statute of limitations.
• 😀 Understanding which crimes are ineligible for bail (inaffiançáveis), which crimes are eligible for amnesty (insuscetíveis de anistia), and those that are subject to pardon (insuscetíveis de graça) is essential for legal studies.

Q & A

What are the alternative precautionary measures to imprisonment mentioned in the transcript?

The alternative precautionary measures to imprisonment discussed in the transcript include: periodic appearance before the court, prohibitions on accessing or frequenting certain places, prohibitions on maintaining contact with specific individuals, prohibition of leaving the jurisdiction of residence, home confinement (domiciliary), provisional internment, and electronic monitoring.

What is the difference between home confinement and prison confinement?

Home confinement, as explained in the transcript, allows the individual to work during the day but restricts them from leaving their home during the night or on their days off (e.g., weekends). In contrast, prison confinement completely restricts a person's movement.

Under what circumstances is provisional internment applied?

Provisional internment is applied when the individual is considered mentally unfit to stand trial, i.e., either an 'inimputable' (totally unable to understand the criminality of their actions) or 'semi-imputable' (partially able to understand but still limited in their capacity).

What is the process for obtaining provisional release with or without bail?

Provisional release can be granted by either a police officer or a judge. The police officer can grant it if the maximum penalty for the crime does not exceed four years. For other cases, the judge has 48 hours to deliberate and decide. In some cases, the judge can grant provisional release without the need for bail, depending on the circumstances of the crime.

When can a police officer grant bail, and when does it require a judge's decision?

A police officer can grant bail in cases where the maximum penalty does not exceed four years. For cases with a higher penalty or more complex circumstances, a judge must make the decision regarding bail.

What are crimes considered 'inaffianable' in the context of provisional release?

Crimes considered 'inaffianable' are those where bail cannot be granted. Examples include serious crimes like terrorism, drug trafficking, and homicide, particularly when the crime involves specific aggravating circumstances such as prior convictions or extreme violence.

What is the importance of 'incommunicado' detention in the context of the transcript?

'Incommunicado' detention refers to a situation where an individual is detained without access to the outside world, including legal representation. This is a rare circumstance, but it is an important part of understanding the broader topic of precautionary measures.

How are crimes that are 'imprescriptible' treated under the law?

Crimes that are 'imprescriptible' are those that do not lose their criminal status over time, meaning they cannot be dismissed or ignored due to the passage of time. These include crimes like racism, war crimes, and terrorism, which are considered too severe to be forgiven or forgotten by time.

What are the key elements that could lead to a provisional release without bail?

Provisional release without bail is typically granted when the crime is not severe enough to require immediate imprisonment, or if there are sufficient guarantees that the individual will not escape or commit further crimes. The judge assesses these factors and may decide that the individual can be released without the need for bail.

Can the judge extend the provisional release period, and under what conditions?

Yes, the judge can extend the provisional release period if necessary. The extension would depend on factors like the severity of the crime, the individual's criminal history, the likelihood of reoffending, and whether the person poses a flight risk.