CAT/C/39/2
page 63
of competence to the Federal Justice.” This proposal was contained in the National Human
Rights program, having in mind that serious violations are an issue that interests the whole
country, and their internal and external repercussion goes beyond the territorial limits of the
States of the Federation. While the norm is auto-applicable, according to a decision by the
Federal Supreme Court, the detailed regulation of the matter is proposed in Draft Bill 6.647, of
2006, already approved by the Federal Senate and presently awaiting examination by the
Constitution and Justice Committee of the House of Representatives.
262. It should be reiterated, however, that any citizen may file a request to the General
Prosecutor with a view to initiating the procedure of shifting of competence to the Federal
Justice system. The General Prosecutor will decide on its pertinence.
263. It should also be stressed that there is a draft constitutional amendment (PEC no. 487 05)
that legitimizes the Union’s General Public Defender to initiate the shift in competence, as a way
to further expand the federalization of such serious violations.
“183. There seems to be very strong pressure and demand from society and politicians
that all criminals should receive strict penalties and remain in detention centres away from
the public. Judges allegedly impose harsher sentences than are necessary, and do not
apply alternative sentences, such as payment of reparation, community work or temporary
suspension of rights provided by the Penal Code. The application of such sentences would
relieve, to a certain extent, the overcrowding which exists in detention centres.
264. The Brazilian Government is acting on the encouragement of the application of alternative
sentences, as measures in keeping with the ideal of re-socialization of the offender and also
contribute to lessening the problem of overcrowding. The Brazilian Government believes that
deprivation of freedom is not always the best way of punishing crimes.
265. As stated by the Committee, alternative measures have not yet been fully accepted both by
society and by authorities responsible for their application. The Brazilian Government thus
considers essential the development of the programs in that direction.
266. So, side by side with the creation of the Federal Penitentiary System, turned to high risk
crimes, a number of measures aiming at the diffusion and encouragement to the application of
alternative sentencing were developed. The Ministry of Justice, through the National Penitentiary
Department (DEPEN) has a program of stimuli to initiatives in this area. Some of the states
receiving incentives by way of resources have shown significant results.
267. As an example, the case of the State of Pernambuco deserves to be mentioned. Between
March 2005 and September 2006, the Alternative Sentencing and Social Integration
Management (GEPAIS) - connected to the Justice and Human Rights Secretariat of the State of
Pernambuco - was responsible for the installation of ten new units of the Central of Support to
Alternative Measures and Sentences (CEAPAS). These are the nuclei that monitor alternative
measures in the state.
268. It must be stressed that the application of alternative measures and sentences involves a
complex operation, since the convicted must be kept under a certain control by the State, despite
being free.
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