Marco Aurélio’s decision on prison in appeals court respects presumption of innocence

Conectas was accepted by the Federal Supreme Court as amicus curiae on the case.

Prisoner in the Pedrinhas Penitentiary Complex screening unit shows ripped uniform. Photo taken during inspection by the organisations Conectas

Minister Marco Aurélio, of the Supreme Federal Court, rapporteur of the Declaratory Action for Constitutionality number 54, today decided in favour of acknowledgment of constitutionality of article 283 of the Code of Criminal Proceedings. The article holds that “no person shall be taken prisoner unless caught in flagrante or by written order and substantiated by a competent judicial authority, as a result of a guilty verdict or, in the course of investigation or legal proceedings, due to temporary or custodial emprisonment.”

According to Rafael Custódio, Coordinator on the Conectas Institutional Violence programme, the decision reaffirms the principle of presumption of innocence of the 1988 Federal Constitution. “It [the decision] is in line with established constitutional and legal order and will help to alleviate overcrowding in the prison system.”

Official data shows that 64% of the prison population is made up of black people, 90% of the prison population have not even completed high school and around 60% of them are in prison for non-violent crimes or crimes that present no serious threat. “Minister Marco Aurélio’s decision will have a real effect on these cases.” He added.

According to Conectas, allowed admittance through an amicus curiae on the case of the Declaratory Action of Constitutionality 54, the minister’s decision will have a direct impact on the fundamental rights of people undergoing criminal proceedings in the country and whose legal and constitutional guarantees will finally be respected.