"TITLE IX PRISON, AND PROTECTIVE MEASURES PROVISIONAL FREEDOM "
" Art 282. Precautionary measures under this Title shall be applied observing the:
I - need for criminal law enforcement for investigation or prosecution and, where expressly provided to prevent the commission of criminal offenses;
II - appropriateness of the measure of the seriousness of the crime, the circumstances of fact and personal circumstances of the accused or accused.
§ 1 the The precautionary measures may be applied individually or cumulatively. § 2
the Precautionary measures will be decided by the judge, ex officio or upon request of the parties or, when in the course of a criminal investigation by the competent police authority or at the request of prosecutors.
§ 3 the Except in cases of emergency or danger of ineffectiveness of the measure, the judge, upon receiving the request for injunctive relief, shall determine the order of the opposing party, together with a copy of the application and the necessary parts, staying the proceedings in court. § 4
In the event of noncompliance with any of its obligations, the judge, ex officio or upon request of prosecutors, his assistant or the plaintiff can substitute measure, impose other in overlapping, or in latter case, to detain (Article 312, paragraph one).
§ 5 the The judge may revoke the injunction or replace it when checking the lack of motive to continue, and return to decree it, if befall reasons to justify it. § 6
the Temporary custody will be determined when it is not appropriate to be replaced by another precautionary measure (art. 319). "(NR)
" Art 283. No one shall be arrested except in flagrante delicto or by written and substantiated order of the competent judicial authority, as a result of a conviction has become final or in the course of the investigation or proceeding, by a temporary arrest or detention.
§ 1 the The precautionary measures provided for in this Title shall not apply to the infraction that is not isolated, cumulatively or alternatively threatened one custodial sentence. § 2
the The arrest may be effected on any day, any time, the restrictions regarding the inviolability of the home. "(NR)
" Art 289. When the accused is in the national territory, outside the jurisdiction of the prosecuting judge, will be deprecated his arrest and shall contain the full terms of the rogatory sent.
§ 1 the In urgent cases, the judge may ordering the arrest by any means of communication, which must include the reason for the arrest as well as the amount of bail if arbitrated. § 2
the authority to whom the request is made shall take the necessary precautions to ascertain the authenticity of the communication. § 3
the The prosecuting judge shall arrange for removal of the prisoner within 30 (thirty) days of effecting the transfer. "(NR)
" Art 299. The capture can be requested at the sight of a warrant, by any means of communication, taken by the authority, to whom the request is made, necessary precautions to ascertain the authenticity of this. "(NR)
" Art 300. The prisoners will be temporarily separated from those already definitively convicted under criminal law enforcement.
Sole paragraph. The military caught in flagrante delicto, after the drafting of legal proceedings will be taken in the barracks of the institution to which he belongs, where it will be attached to the appropriate authorities. "(NR)
" Art 306. The arrest of any person and where you are will be reported immediately to the competent judge, the prosecutor and the prisoner's family or the person appointed by him.
§ 1 the Within 24 (twenty four) hours after completion of prison, will be forwarded to the competent judge the record of arrest in flagrante, and if the offender does not provide the name of his attorney, copy for the Public Defender. § 2
the Within the same period, will be delivered to the prisoner, upon receipt, the note of accusation, signed by the authority on the grounds of the prison, the name of the driver and witnesses. "(NR)
" Art 310. Upon receiving the record of arrest in flagrante delicto, the judge must give reasons: I
- relax illegal arrest, or
II - converting the prison into the act on prevention, when present the requirements of Art. 312 of this Code, and may prove inadequate or insufficient precautionary measures several of the prison or
III - to grant bail, with or without bail.
Sole Paragraph. If the judge finds, by self-imprisonment in the act, the agent who actually committed the conditions contained in paragraphs I to III of the main art. 23 of Decree-Law n the 2848, of December 7, 1940 - Penal Code, may, justifiably, to grant the accused bail, upon completion of the attendance of the proceeding, under penalty of revocation. "(NR)
" Art 311. At any stage of police investigation or criminal proceedings shall apply to remand ordered by the judge from office if in the course of prosecution, or at the request of the prosecution, the prosecutor or assistant, or by representing police authority. "(NR)
" Art 312. The detention may be ordered as a guarantee of public policy, economic order, for convenience of the criminal investigation, or to ensure the enforcement of criminal law, when there is proof of the crime and sufficient evidence of authorship.
Sole paragraph. The arrest may also be imposed for breach of any of its obligations under other precautionary measures (art. 282, § 4 the ). "(NR)
" Art 313. Pursuant to art. 312 of this Code, shall be admitted to preventive custody:
I - in felonies punishable by imprisonment for more than maximum 4 (four) years;
II - if you have been convicted of another felony, in final sentence, except as provided in item I of the chapeau of Art. 64 of Decree-Law n the 2848 of December 7, 1940 - Penal Code;
III - if the crime involves domestic violence against women, children, adolescents, elderly, infirm or disabled person, to ensure the implementation of urgent protective measures;
IV - (Repealed).
Sole Paragraph. It will also be allowed to arrest when there is doubt about the identity person's marital or where they provide sufficient evidence to clear it, and the prisoner be placed immediately released after identification, unless another chance to recommend the maintenance of the measure. "(NR)
" Art 314. A remand in no case be ordered if the court verify the evidence in the file have actually practiced the agent as provided in sections I, II and III of art. 23 of Decree-Law n the 2848 of December 7, 1940 - Penal Code. "(NR)
" Art 315. The decision to prescribe, replace or deny probation will always be motivated. "(NR)
" CHAPTER IV
from house arrest "
" Art 317. The house arrest is the recollection of the accused or accused at his residence, it can only be absent judicial authorization. "(NR) " Art 318. The judge may substitute probation for home when the agent is:
I - greater than 80 (eighty) years;
II - extremely weak because of serious illness;
III - essential to the care of persons under special 6 (six) years of age or disabled;
IV - pregnant women from 7 the (seventh) month of pregnancy or is this high risk.
Sole Paragraph. To replace, the judge will require adequate proof of the requirements of this article. "(NR)
" CHAPTER V
OTHER PREVENTIVE MEASURES "
" Art 319. Precautionary measures are different from prison: I - Regular attendance in court, on time and under conditions imposed by the judge to inform and justify activities;
II - prohibition of access or frequency to certain locations where, for circumstances surrounding the incident, the accused or the accused should remain aloof from those places to avoid the risk of new offenses;
III - a ban on contact with a specific person when, for circumstances surrounding the incident, the accused should or defendant to stay away from it;
IV - ban to leave the county when the stay is appropriate or necessary for research or instruction;
V - house arrest at night and on holidays when the subject or the accused is resident and fixed work;
VI - Suspension the exercise of public function or activity of an economic or financial fair when there is concern about the use for the practice of criminal offenses;
VII - detention of the accused in cases of crimes committed with violence or serious threat, while experts be complete untouchable or semi-attributable (art. 26 of the Criminal Code) and there is risk of repetition;
VIII - bail, admit that the infractions, to ensure the attendance of the proceedings, to avoid obstructing their progress, or in case of resistance unreasonable the court order;
IX - Electronic monitoring.
§ 1 the (Revoked). § 2
the (Revoked). § 3
the (Revoked). § 4
the Bail will be applied in accordance with the provisions of Chapter VI of this Title, may be combined with other protective measures. "(NR)
" Art 320. The prohibition to leave the country to be communicated by the judge to the authorities responsible for monitoring the outputs of the national territory, intimating to the accused or defendant to surrender his passport, in within 24 (twenty four) hours. "(NR)
" Art 321. Absent the requirements that allow the enactment of probation, the judge will grant bail, imposing, if any, precautionary measures provided for in art. 319 of this Code and compliance with the criteria set forth in Art. 282 of this Code.
I - (Repealed)
II - (Repealed). "(NR)
" Art 322. The police authority may only grant bail for violations whose maximum term of imprisonment not exceeding 4 (four) years.
Sole Paragraph. In other cases, the bond will be required to judge who will decide in 48 (forty eight) hours. "(NR)
" Art 323. Shall not be granted bail:
I - in the crimes of racism;
II - the crimes of torture, trafficking in narcotics and related drugs, terrorism and heinous crimes as defined;
III - in the crimes committed by armed groups civilian or military, against the constitutional order and democratic state;
IV - (repealed);
V - (Repealed). "(NR)
" Art 324. There will also be granted bail:
I - to which, in the same process, have broken or breached bail previously granted, without reasonable cause, any of the obligations referred to in Art. 327 and 328 of this Code;
II - in case of civil or military prison;
III - (repealed);
IV - when present the reasons that authorize preventive custody (art. 312). "(NR)
" Art 325. The amount of bail shall be fixed by the authority granted in the following limits:
a) (repealed);
b) (repealed);
c) (repealed).
I - 1 (one) to 100 (one hundred) minimum salaries when it comes to offense whose sentence of imprisonment, the maximum degree, is not more than 4 (four) years;
II - 10 (ten) to 200 (two hundred) minimum salaries, while the maximum term of imprisonment of restraint applied is greater than 4 (four) years.
§ 1 the If so recommend the economic situation of the prisoner, bail may be: I
- dispensed in the form of art. 350 of this Code;
II - reduced to a maximum of 2 / 3 (two thirds), or
III - increased by up to 1,000 (thousand) times. § 2
the (Deleted)
I - (repealed);
II - (repealed);
III - (Repealed). "(NR)
" Art 334. The guarantee can be given until it has been handed down the sentence. "(NR)
" Art 335. By refusing or delaying the police authority to grant bail, the prisoner, or someone, you can provide it, by simple application before the competent judge who will decide in 48 (forty eight) hours. "( NR)
"Art 336. The money or data objects serve as collateral for payment of costs of compensation the damage, the fine and the penalty if the defendant is convicted.
Sole Paragraph. It shall also apply in the case of prescription after the sentence (art. 110 Criminal Code). "(NR)
" Art 337. If bail is declared void or tried to pass any sentence which acquitted the accused or the prosecution declared extinct, the value to be created, updated, will be refunded without discount, except the sole paragraph of art. 336 of this Code. "(NR)
" Art 341. Judging will be broken bail When the accused: I
- regularly summoned to act of the process, fails to appear without good cause;
II - deliberately performs an act of obstruction to the progress of the process;
III - failure to comply with the precautionary measure imposed cumulatively bail;
IV - unjustifiably resist the court order;
V - practicing new criminal offense intentionally. "(NR)
" Art 343. The breaking of the bond will result in the unjustified loss of half its value, leaving the judge to decide on the imposition of protective or other measures, if any, the preventive custody. "(NR)
"Art 344. Understanding will be lost in total, the value of the guarantee, if convicted, the accused fails to appear for the start of the sentence finally imposed. "(NR)
" Art 345. In the event of loss of bond, its value, less costs and more taxes to which the accused is required, be collected to fund prisons, according to the law. "(NR)
" Art 346. In the case of cracking of credit, made the deductions provided for in art. 345 of this Code, the remaining amount will be collected to fund prisons, according to the law. "(NR)
" Art 350. Where applicable bail, the judge and check the economic situation of the prisoner, may grant him bail, subject to the obligations under arts. 327 and 328 of this Code and other precautionary measures, if any.
Sole Paragraph. If the grantee fails to comply with, without reasonable cause, any obligations or imposed, shall apply the provisions of § 4 the art. 282 of this Code. "(NR)
" Art 439. The effective exercise of the function of jury service will be relevant public and establish a presumption of moral character. "(NR) 2
Art the Decree-Law n the 3689, to October 3, 1941 - Code of Criminal Procedure, comes into force with the following article. 289-A:
Art 3 the This Law shall enter into force sixty (60) days after the date of their official publication. Article 4"Art 289-A. The competent judge will provide an immediate record of the arrest warrant in a database maintained by the National Judicial Council for that purpose.
§ 1 the Any police officer may effect the arrest warrant in certain registered on the National Council of Justice, albeit outside the territorial jurisdiction of the judge who issued it.
§ 2 the Any police officer may make the arrest imposed, even without registration at the National Judicial Council, adopting the necessary precautions to ascertain the authenticity of the warrant and informing the court that the decree, which must provide, then , the record of the warrant as the heading of this article. § 3
the The arrest shall immediately inform the judge of the place of performance measurement which will provide the certificate of registration drawn from the National Council of Justice and to inform the court that decreed. § 4
the The prisoner will be informed of their rights under subsection LXIII of art. 5 the Federal Constitution and, if the offender does not provide the name of his attorney, shall be reported to the Public Defender.
§ 5 Having doubts the local authorities over the legitimacy of the person's executor or the identity of the prisoner, applies the provisions of § 2 the art. 290 of this Code. § 6
the National Council of Justice shall regulate the registration of the warrant referred to the caption of this article. "
the art are hereby repealed. 298, item IV of article. 313, § § 1 to the to 3 the art. 319, items I and II of art. 321, sections IV and V of art. 323, item III of art. 324, § 2 the and sections I, II and III of art. 325 and the arts. 393 and 595, all of Decree-Law n the 3689, to October 3, 1941 - Code of Criminal Procedure.
Brasilia, May 4, 2011, 190 the of Independence and the 123 Republic.
Rousseff
José Eduardo Cardozo
This text replaces the one published in Gazette of 5.5.2011
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