THE INFLUENCES OF THE ANTI-CRIME PACKAGE ON REGIME PROGRESSIONS

Abstract

This research aims to analyze the new objective requirements for the progression of regime included in the Criminal Execution Law through Law n. 13.964/2019, better known as the “Anti-Crime Package”. Before the reform, the legal system had four different objective requirements for granting progression, namely: (a) fulfillment of 1/6 (one sixth) of the sentence under the previous regime, in cases of those convicted of common crimes; (b) serving 2/5 (two-fifths) of the penalty in the case of a heinous crime, the convict being primary; (c) fulfillment of 3/5 (three-fifths) of the sentence when the person convicted of a heinous crime is a repeat offender; and (d) fulfillment of 1/8 (one eighth) of the penalty in the previous regime when dealing with a convicted pregnant woman, mother or guardian of a child with a disability, regardless of the conviction. However, Law n. 13.964/2019 amended article 112 of the Criminal Execution Law, creating eight new levels for the granting of the benefit, in addition to maintaining that in relation to mothers or pregnant women, without committing to the prison reality in Brazil, where there is overcrowding and shortages vacancies in all states of the federation. This situation tends to worsen with the new expected levels. Furthermore, despite its punitive bias, the Anti-Crime Package incurred several legislative errors, creating gaps that, in some cases, benefit offenders. Finally, it is believed that the reform also lost the opportunity to pacify several other issues involving regime progression debated in recent years and completely ignored by the legislator.