Parole is a benefit of the Law that allows the serving part of the prison sentence in freedom, in cases of a minimum sentence of two years.
In practice, parole is the permission for the convict to leave prison before serving the full term of the sentence.
How does parole work?
Release is granted by the judge responsible for the execution of the sentence.
After verifying that the prisoner meets the requirements to receive the benefit, the judge must establish what conditions must be met before he can receive parole.
Some conditions are mandatory and imposed by law. Look:
- have a work occupation;
- communicate to the judge the work developed;
- do not move to another city without prior authorization.
The judge can still set other conditions besides these. For example: change of address only after court authorization or prohibition to attend certain places.
Suspension of parole
The status of the benefit and compliance with rules is monitored and the release can be revoked if:
- the prisoner does not comply with any of the rules of parole;
- there is a conviction for another crime previously committed;
- another crime is committed during the probation period.
If parole is suspended, the convict returns to prison to serve the remainder of the sentence and the benefit cannot be granted again. Furthermore, the time he was released will not be deducted from the total time of his sentence.
Parole Requirements
For the benefit of parole to be granted, certain requirements must be met (Article 83 of the Penal Code).
Regarding the time to serve the sentence, the requirements are as follows:
- fulfillment of one third of the sentence: if the convict has a good record and is not a repeat offender in a felony;
- fulfillment of half the sentence: if the convict is a repeat offender in a felony;
- fulfillment of more than two thirds of the sentence: in case of conviction for a heinous crime.
In addition to time, these conditions must also be observed:
- have repaired the damage caused, if possible;
- have good behavior while serving the sentence;
- have satisfactory performance in work done while in prison;
- be able to support yourself with honest work.
Read more about the Criminal Code.
Parole and heinous crime
Parole can also be granted on heinous felony convictions. The same goes for convictions for the crimes of torture, terrorism and illicit drug and drug trafficking.
But the rules for this type of crime are a bit stricter. In this case, for the benefit to be granted, the prisoner must have complied with at least two-thirds of the time of the sentence in a closed regime. Furthermore, he cannot be a repeat offender in such crimes.
Only after that time, and if the other requirements are met, can the prisoner be granted parole.
Also read the meaning of heinous and heinous crimes.
probation in law
The conditions for granting the benefit are defined in the Penal Code, in articles 83 to 90. The form of compliance is established in the Criminal Execution Law (law nº 7.210/84), in articles 131 to 146.
See also the meanings of crime and meet the crime theory.