CAT/OP/BRA/2/Add.1 not only restricts the application of pretrial detention, but also establishes new precautionary measures, such as electronic monitoring and house arrest at night. 149. In order to support this paradigm shift and to make it possible for the judiciary to use precautionary measures in practice, the Federal Government has been developing public policies to guarantee the material resources needed to implement Act No. 12403/2011. 150. In 2011, roughly 92 per cent of the federal entities had centres for alternative penalties and measures in place, while 67 per cent had specialized courts applying alternative penalties and measures, giving a total of more than 20 special courts and around 400 centres. 151. Moreover, in December 2011, the National Alternative Sentencing Strategy was devised to promote this policy and encourage the creation of mechanisms to monitor the application of alternative penalties in the states and municipalities. Finally, in 2012, the Federal Government made approximately R$ 4.2 million available to the states and the judiciary to set up alternative measure monitoring centres and centres for the defence of pretrial detainees. 152. Furthermore, Act No. 12714 of 14 September 2012 on the system for monitoring the enforcement of sentences, pretrial detention and security measures should help to improve the monitoring of custodial sentences and prevent unlawful detentions. The Act requires all federal entities to record and maintain data and information on sentence enforcement, pretrial detention and security measures on the computerized monitoring system. The system should be capable of giving the deadlines for concluding investigations, submitting complaints, completing each stage of the sentence and granting conditional release, as well as other time frames related to the proper execution of the sentence. Based on these time frames, the system should be programmed to automatically send out electronic reminders in good time to the relevant judge, the Department of Prosecution and defence counsel. The Federal Executive will set up a national system to link the databases and information from the computerized systems in the states and the Federal District. 153. In November 2013, the Federal Government also announced that the Federal District and five states would receive funding to strengthen and apply alternative penalties. The federal entities will receive R$ 8.5 million to set up and support electronic monitoring centres and integrated centres for alternative penalties. Part of this investment is going towards the use of electronic ankle tags for people on probation or awaiting a court ruling. 154. Alternative penalties are a component of the Prison System Master Plan, the purpose of which is to encourage the use of alternative penalties and measures in order to alleviate overcrowding in prisons, reduce criminal recidivism, and prevent petty offenders from entering the prison system. 3. Access to justice and public defender services 155. As stated in the Brazilian State’s last report, according to article 5 (LXXIV) of the Federal Constitution, all persons, whether Brazilian or foreign, have the fundamental right of access to justice, even if they lack the means to pay a lawyer. In such cases, the State must provide the citizen with legal aid through the Brazilian Public Defender Service, which was created specifically for this purpose. Moreover, the Code of Criminal Procedure stipulates that if a prisoner does not provide the name of a lawyer, they will be directed to the Public Defender Service (Code of Criminal Procedure, art. 289-A (4)). 156. The Brazilian Public Defender Service was established under article 134 of the Federal Constitution in order to ensure access to justice through the provision, free of charge, of comprehensive legal, judicial and extrajudicial aid, by public defenders, to all those who demonstrate a lack of sufficient funds. The institutional functions of the Public GE.14-42059 33