Post by anik4300 on Feb 19, 2024 22:29:08 GMT -6
Prisoner had transfer request denied because he was considered highly dangerous Based on this understanding, the 2nd Chamber of Criminal Law of the Court of Justice of São Paulo denied the request of an inmate, sentenced to 42 years and four months in prison for committing several crimes, to be transferred from a prison unit. According to the records, the prisoner asked to serve his sentence in a place closer to his family. However, in a unanimous vote, the board confirmed the first instance decision that denied the request. The rapporteur, judge André Carvalho e Silva de Almeida, said that the case involves a measure arising from the discretionary power of the public administration. "For the transfer of a prison unit, it is not enough to mention a family residence in a different location, but rather the peculiarities of the prisoner, his profile and crimes committed, in addition to the existence of vacancies and confirmation of the availability of the desired prison establishment. It is, therefore, the absolute right of the sentenced person.
The judge highlighted that, in the case judged, the Secretariat of Penitentiary Administration issued an opinion against the transfer of a prison unit, due to the author's troubled history, with serious disciplinary offenses and information of involvement with a criminal faction. "Revealing that the convict is extremely dangerous, and despite being a measure of convenience and administrative opportunity, the refusal of his removal to a prison establishment close to his family proved to be duly justified by the public administration", added the judge.The judging bodies of the Superior Court of Justice will no longer include processes in whi USA Phone Number ch there is a mere request for an extension of the review period in the session agendas. Carlos Felippe/STJ Carlos Felippe/STJ Request for review has a deadline of 60 days, extendable for another 30 The measure aims to standardize procedures in all the court's panels and avoid inconvenience for lawyers and parties, as the inclusion of the case on the agenda only for a request for extension of the view may lead to the idea that the trial will be resumed on the day of the session, with the presentation of the visible vote.
The court's Collegiate Judgment Support Office will monitor the processes scheduled for compliance with the measure. According to article 162 of the STJ's Internal Regulations, the minister who requests to see the files during the trial has a period of 60 days to return the process, extendable for 30 days, upon request to the collegiate. Also according to the regulations, the deadline for returning the files is suspended during periods of recess and collective vacations of ministers. Pursuant to article 161, paragraph 2, of the Internal Regulations, if there is a second request for review of the case, the claim will be considered collective, so that the 60-day period will be counted jointly, benefiting from the extension of the period only the ministers who request it. With information from the STJ press office.Criminal Unanimously, the 2nd Panel of the Federal Supreme Court upheld Minister Ricardo Lewandowski's decision, which established that the non-criminal prosecution agreement (ANPP) can also be implemented in processes initiated before the entry into force of Law 13,964/2019 ("Anti-Crime" Law).
The judge highlighted that, in the case judged, the Secretariat of Penitentiary Administration issued an opinion against the transfer of a prison unit, due to the author's troubled history, with serious disciplinary offenses and information of involvement with a criminal faction. "Revealing that the convict is extremely dangerous, and despite being a measure of convenience and administrative opportunity, the refusal of his removal to a prison establishment close to his family proved to be duly justified by the public administration", added the judge.The judging bodies of the Superior Court of Justice will no longer include processes in whi USA Phone Number ch there is a mere request for an extension of the review period in the session agendas. Carlos Felippe/STJ Carlos Felippe/STJ Request for review has a deadline of 60 days, extendable for another 30 The measure aims to standardize procedures in all the court's panels and avoid inconvenience for lawyers and parties, as the inclusion of the case on the agenda only for a request for extension of the view may lead to the idea that the trial will be resumed on the day of the session, with the presentation of the visible vote.
The court's Collegiate Judgment Support Office will monitor the processes scheduled for compliance with the measure. According to article 162 of the STJ's Internal Regulations, the minister who requests to see the files during the trial has a period of 60 days to return the process, extendable for 30 days, upon request to the collegiate. Also according to the regulations, the deadline for returning the files is suspended during periods of recess and collective vacations of ministers. Pursuant to article 161, paragraph 2, of the Internal Regulations, if there is a second request for review of the case, the claim will be considered collective, so that the 60-day period will be counted jointly, benefiting from the extension of the period only the ministers who request it. With information from the STJ press office.Criminal Unanimously, the 2nd Panel of the Federal Supreme Court upheld Minister Ricardo Lewandowski's decision, which established that the non-criminal prosecution agreement (ANPP) can also be implemented in processes initiated before the entry into force of Law 13,964/2019 ("Anti-Crime" Law).
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