E/CN.4/2001/66/Add.2 page 60 24 Article 103 of the LEP. 25 STF HC 72.742 RJ. 26 See, for example: “Although a police station is not an adequate place for serving a sentence, the convicted must because of the lack of space in a penitentiary institution support the burden of such irregular situations up to the moment he may be transferred to such an institution. This situation does not amount to illegal constraint since there is a fair justification based on the absence of space for him in a penitentiary institution.” (Unofficial translation, High Court of the State of Rio de Janeiro, Habeas Corpus 815/94). 27 See, for example, Decision HC 7328. 28 Article 66 of the LEP. 29 Article 2 (1) of Law No. 8072 of 25 July 1990. 30 Law No. 9034/95. 31 Law No. 9455 of 7 April 1997. 32 Ibid., art. 82. 33 Ibid., art. 87. 34 Ibid., art. 88. 35 Ibid., art. 91. 36 Human Rights Watch (1998), Behind Bars in Brazil, p. 2. 37 Article 37 of the Penal Code and article 82 of the LEP. 38 Article 83 (2) of the LEP. 39 Ibid., art. 77 (2). 40 Ibid., art. 41. 41 Ibid., art. 41 (2). 42 Ibid., art. 43. 43 Article 53 of the LEP. 44 Ibid., art. 58.

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