Article: Unveiling the careers that are entitled to this unique prison privilege.
On March 30, 2023, the Supreme Court ruled that the provision in the Criminal Procedure Code granting special cells for higher education graduates was unconstitutional. Nonetheless, certain professionals were unaffected by this decision due to their respective statutes that ensured this benefit.
The entitlement provided by the CPP
In the initial version of the Criminal Procedure Code, diplomats were given the privilege of special detention under Article 295, section VII. This entitlement was in place until the trial of the Fundamental Precept Discharge Petition No. 334, with support from the Attorney General of the Republic.
According to the Attorney General, discrimination at a higher level played a role in maintaining the selectivity of the criminal justice system and reinforced issues of equality, lack of unity, and discrimination.
The election went to court, and the decision to separate graduates in internment was overturned by all. Nevertheless, the special prison remains for the other groups mentioned in Article 295.
As a result, they are still being detained in barracks and specialized prisons in Brazil, as outlined by the CPP.
- The government officials;
- The individuals in charge of governing.
- the mayor of the capital city.
- The government secretary and the Federal District’s secretary.
- The mayors of the city or town.
- The members of the council.
- the police chiefs;
- the individuals in the National Parliament, the Council of National Economy, and the Legislative Assemblies of the States;
- the residents registered in the “Registry of Excellence”;
- the military personnel of the Armed Forces and states, federal district, and territories.
- The judges.
- The religious confession’s ministers.
- the officials of the Court of Auditors;
- The individuals who have fulfilled their duty as jurors, unless they were removed from the list due to being unable to perform that role.
- The police representatives.
- Members of the State and Territory Civil Guard, both currently serving and retired.
The legal right to specific imprisonment as outlined by other legal experts.
It is important to note that Article 295 of the CPP is exempt from taxes, and other regulations provide specific exemptions for other important functions related to the administration of justice.
The president of OAB, Beto Simonetti, emphasized that the condition is not a privilege for lawyers, but a safeguard against being unfairly targeted in any investigation related to their professional work.
Furthermore, the Organic Law of the Magistracy and the Statute of the Public Prosecutor also provide protection for members of the Public Prosecutor and the judiciary, in addition to lawyers.
Is there a different professional group that can qualify for the special cell?
Surprisingly, teachers and journalists also enjoy this benefit.
This is due to the protection provided by the Press Law (No. 5,250 of 1967) to journalists. See below for more information.
Article 66 states that a professional journalist cannot be arrested or imprisoned before a sentence is carried out. If detained, they must be held in a suitable room with proper ventilation and amenities.
Journalists who are serving prison sentences will be kept in separate facilities from regular criminals and will not be subject to the typical prison rules and routines.
Summary
After the ADPF trial, it should be legally permissible to provide differentiated treatment to graduates. This special treatment must be clearly defined in the law.
It should be highlighted that the advantages mentioned were only maintained for groups that already had the right established prior to the ADPF 334 trial. Therefore, the forecasts remained in effect solely due to their existence as established norms beforehand.
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