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
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