{"id":18685,"date":"2019-10-22T13:50:17","date_gmt":"2019-10-22T13:50:17","guid":{"rendered":"https:\/\/conectas.org\/?post_type=noticia&p=18685"},"modified":"2021-04-05T13:37:43","modified_gmt":"2021-04-05T13:37:43","slug":"a-new-study-shows-the-impact-of-imposing-bail-and-fines-on-poor-people","status":"publish","type":"noticia","link":"https:\/\/conectas.org\/en\/noticias\/a-new-study-shows-the-impact-of-imposing-bail-and-fines-on-poor-people\/","title":"A new study shows the impact of imposing bail and fines on poor people","content":"

Around 50 thousand judicial sentences in the State of S\u00e3o Paulo were analysed in a new study, carried out by Conectas, in order to understand the impact of imposing fines and granting bail to prisoners in Brazil.<\/span><\/p>\n

The report \u201c<\/span>O pre\u00e7o da liberdade: fian\u00e7a e multa no processo penal<\/span><\/i>\u201d (The price of freedom: bail and fines in the criminal process), now available for consultation, shows that the efficiency of these tools depends on the offender\u2019s financial situation. In practice, they serve as a financial filter that leads to imprisonment and loss of rights for poor people.<\/span><\/p>\n

\u201cEverybody is used to seeing cases like this \u2013 if your family doesn\u2019t have enough money to pay bail, you go to prison, even if you don\u2019t represent any real threat to society. Rich people do not run this risk, even when they have committed worse crimes.\u201d Explains Marcos Fuchs, Deputy Director of Conectas.<\/span><\/p>\n

\u201cIn addition, few people know this, but after fulfilling a prison sentence, poor people who are returning to society to try to rebuild their lives, often have to pay a penalty fine, otherwise they lose their right to vote and their criminal record is not cleared, which means they can\u2019t get a job. It doesn\u2019t make any sense at all.\u201d He concludes.<\/span><\/p>\n

The study was carried out based on custodial hearings attended, requests made via the Access to Information Act and through searches of S\u00e3o Paulo state justice court files.\u00a0<\/span><\/p>\n

What is bail?<\/b><\/p>\n

Criminal bail is a cautionary measure, created by the Precautionary Measures Act, in which provisional release is ensured for some types of crime, on the grounds of payment of a certain amount of money or objects, appearance at court and the guarantee that there will be no obstruction to the proceedings.<\/span><\/p>\n

This can be applied in cases set out by law, its legal functioning being a contract between the accused and the state.<\/span><\/p>\n

The amount to be paid is determined by police authorities when the infraction carries a sentence of up to four years. Bail is negotiated by a judge, for crimes carrying longer sentences.<\/span><\/p>\n

It is important to note that in cases in which the accused is acquitted, the amount paid for bail can be returned, providing there is no break in the agreement, during the process of awaiting sentencing.<\/span><\/p>\n

What is a penalty fine?<\/b><\/p>\n

A penalty fine is one of the three types of sentence provided for in Brazilian Criminal Law (CPB). While a sentence of deprivation of liberty means a person goes to prison and an alternative sentence means a person\u2019s rights are limited, a fine means a penalty paid in money.\u00a0<\/span><\/p>\n

Calculation is done in terms of the number of days of the fine. A number of days is established and this is multiplied by the sum set by the magistrate. The completion of sentence will not be recognised by the Brazilian justice system, if a convict does not pay\u00a0 the penalty fine.<\/span><\/p>\n

It should be noted that the Brazilian drugs law has set high levels for calculating the number of days of the fine. According to the law, the minimum is one hundred days and the maximum is four thousand. Official data shows that one third of those in prison are there for drug-related crimes.<\/span><\/p>\n

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