The STF determines the review of parental imprisonment of children under 12 years of age

Court directs joint efforts with detainees to analyze possible replacement of preventive detention

Federal Supreme Court (STF) Minister Gilmar Mendes has determined that the Penitentiary System Monitoring and Inspection Division, an organ of the National Council of Justice, conducts prison efforts to identify the beneficiaries of preventive (temporary) substitution decisions. Detention of children under the age of 12 or parents or guardians of persons with disabilities, including house arrest.

According to the decision of the 2nd panel of STF, this initiative will be taken not only to review the prisons, but also to coordinate with the representatives of the state courts “within reasonable time” for the purpose of investigating the prison conditions. And promotion of action by social guidelines necessary for citizenship and re-socialization of individuals.

In a decision submitted to the referendum by the 2nd panel, Gilmour Mendes scheduled an observation hearing next Thursday, 19th, with representatives of ten state courts – Amazonas, Federal District, Pernambuco, Sao Paulo, Rio de Janeiro, Rio Grande do Sul, Ceará, Paraná. , Bahia and Tocantins -, in addition to public bodies and interested parties, to monitor and oversee the gradual and progressive implementation of Collegiate decisions.

The order, issued this Thursday, was issued after some courts, in particular, which have “jurisdictional units and a high number of cases”, after a 2nd class decision, said it was difficult to identify pending cases pending pre-trial detention. STF in October 2020.

On that occasion, the Collegiate granted the combined habeas corpus submitted by the Office of the Public Defender, stipulating that all courts in the country would, within 45 days, send reports of cases reached by measure.

The court received very little information about compliance with the decision and thus decided to hold a public hearing on the matter in June 2021. Based on the information presented at the event, it was scheduled to hold observation and inspection hearings with previously selected courts.

At these national meetings, held from September 2021, reports were analyzed on compliance with the 2nd panel’s decision, overcrowding in prisons, use of electronic systems to comply with orders and taking necessary steps to investigate cases. The issue of human rights violation has been mentioned in the public hearing.

In an order released this Thursday, Gilmour Mendes considered the habeas corpus provided by the 2nd panel to have an “undeniable structural dimension” as it seeks to correct structural and institutional flaws in the implementation of the house arrest rules established by the legislature. “

“In this case, an open and communicative judicial model should be adopted using adequate procedural tools to address serious issues of judicial policy that violate the rights of detainees and their dependents,” he thought.

Along these lines, Dean noted that U.S. judges understand that it is possible to appoint monitors responsible for measuring the level of implementation of judicial decisions, noting that courts in countries such as Colombia and India have adopted recruitment practices. The Monitoring Commission is responsible for judicial inspections.

In the case in question, Gilmour Mendes considered that prison task forces should be led by the prison monitoring and inspection department and the socio-educational system enforcement system, “those who have experience running errors and structural deficiencies in the Brazilian pension system.”

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