Recente decisão do Supremo Tribunal Federal autorizou o Judiciário a determinar a prisão de condenados após decisão de segunda instância, ou seja, mesmo antes de se esgotarem todos os recursos da defesa, todavia, a decisão gerou discussão da comunidade jurídica e provocou divergência entre os parlamentares.
Desde 2009, o STF permitia o cumprimento da pena de prisão apenas quando todas as chances de recurso já haviam se esgotado (o chamado trânsito em julgado, ou seja, quando não cabiam mais recursos dos réus, o que podia levar o processo até o Superior Tribunal de Justiça e ao STF até que os acusados fossem presos).
O deputado Wadih Damous, do PT do Rio de Janeiro, apresentou no início do mês de março proposta de lei para derrubar essa decisão do STF. A proposta (PL4577/2016) do parlamentar poderá tramitar em regime de urgência. Ela já tem assinaturas suficientes de líderes partidários para que o Plenário da Câmara aprove a tramitação de urgência. Se aprovada a urgência, a proposta vai diretamente a voto em Plenário, sem passar por comissões.
Na justificativa do PL 4.577/2016, o deputado afirma que essas duas normas possuem artigos que “negam vigência à Constituição da República e se chocam com as leis aprovadas nos últimos anos nesta matéria”, a exemplo da nova Lei das Medidas Cautelares (Lei 12.403/2011) e da Lei de Execução Penal (Lei 7.210/1984), que expressamente exigem o trânsito em julgado para início de cumprimento da execução penal.
Ele explica que o projeto tenta evitar que a decisão do STF leve ainda mais pessoas às já superlotadas prisões brasileiras. Estudo do Conselho Nacional de Justiça mostra que, em 2014, havia déficit de 210.436 vagas nos presídios do país.
Fonte: Agência Câmara e Conjur
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