E/CN.4/2001/66/Add.2
page 59
5
Ibid., art. 144 (4).
6
Ibid., art. 144 (5).
7
Ibid., art. 5 (LXI).
8
Ibid., art. 5 (LXII).
9
Ibid., art. 5 (LXVIII).
10
Article 301 of the Criminal Procedure Code provides that “any citizen may and the police
authority and its agents shall arrest anyone caught in the act of committing a crime”.
11
Article 5 (LXIII).
12
The Special Rapporteur notes with appreciation the example of the Public Defender’s Office
of the State of Rio de Janeiro which, through on-site offices within prisons, provides legal
services to convicted prisoners seeking to progress through the different regimes of the prison
system (see paras. 115ff below).
13
The same proposal purports also to eliminate the division between civil and military police
and replace them by a single state police.
14
Article 323 of the Code of Criminal Procedure provides that no bail shall be allowed for
crimes bearing a minimum penalty of more than two years’ imprisonment and if there exists
evidence that the suspect is a vagrant.
15
Article 312 of the Code of Criminal Procedure.
16
In the federal justice system, the period allowed for completion of the police inquiry
is 15 days (article 66 of Law No. 5010/66).
17
Article 2 of the Law No. 7960 of 21 December 1989 which makes provision for temporary
detention.
18
Ibid., art. 2 (3).
19
Ibid., art. 2 (4).
20
Ibid., art. 2.
21
Law No. 8072/90 of 25 July 1990.
22
STJ - HC 10855.
23
Often translated in English by “public jails”.
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