{"id":18199,"date":"2019-09-04T15:26:58","date_gmt":"2019-09-04T15:26:58","guid":{"rendered":"https:\/\/conectas.org\/?post_type=noticia&p=18199"},"modified":"2021-04-05T14:16:25","modified_gmt":"2021-04-05T14:16:25","slug":"how-the-anti-crime-package-could-legalise-the-death-penalty-in-brazil","status":"publish","type":"noticia","link":"https:\/\/conectas.org\/en\/noticias\/how-the-anti-crime-package-could-legalise-the-death-penalty-in-brazil\/","title":"How the Anti-Crime Package could legalise the death penalty in Brazil","content":"

On 4 February of this year, the Minister for Justice and Public Security, S\u00e9rgio Moro, sent <\/span>a broad set of measures aimed at fighting crime<\/span><\/a>, to Congress. This is informally known as the \u2018Anti-Crime Package\u2019.<\/span><\/p>\n

Although this name suggests prevention of illegal acts, the proposal does not contain improvements in investigations and focuses on harsher sentencing and on reducing the rights of people already imprisoned, such as restricting the progression system. This is a scheme whereby a prisoner who has served enough of his\/her sentence can be transferred to a less restrictive regime (semi-open) or an open one, and can slowly return to society.\u00a0<\/span><\/p>\n

Social movements and civil society organisations have been\u00a0<\/span>pushing for the bill of law to be desiccated<\/span><\/a>\u00a0as it passes through special working groups created in the Chamber of Deputies to discuss the matter.<\/span><\/p>\n

Parliamentarians, however, have resisted numerous calls to remove the measure, that public security experts consider to be the most problematic, from the text \u2013 a broadening in the scope of \u2018authorisation of otherwise illegal activity\u2019, particularly for legitimate self-defence.<\/span><\/p>\n

The following is civil society organisations\u2019 analysis of the proposal:<\/b><\/p>\n

AJUFE (Association of Federal Judges in Brazil)<\/b><\/p>\n

\u201cWe do not agree with the use of expressions such as \u2018fear\u2019, \u2018surprise\u2019 and \u2018strong emotion\u2019 to allow a judge to reduce a sentence or even to not pass a sentence. This is a proposed addition to paragraph 2 in article 23 of the Penal Code.\u201d\u00a0<\/span><\/p>\n

(\u2026)\u00a0<\/span><\/p>\n

\u201cAlthough the proposal is intended to bolster assumptions for violent death, especially in the work of visible policing, it is worth noting that the expression \u201cstrong emotion\u201d embraces hatred, rage, passion, sadness and hurt, emotions that cannot be accepted as a reason for using excessive force in self-defence. These emotions can of course be taken into account in the judicial process, for the purposes of deciding on the harshness of the sentence.\u201d<\/span><\/p>\n