THE NEW SERGEANT PM DIAS LAW (LAW Nº 14.843) AND ITS LEGAL RAMIFICATIONS ON THE TEMPORARY RELEASE OF DETAINEES

Abstract

Bill No. 2.253/2022, which later became Law No. 14.843/24, approved by the national congress and published on April 11, 2024, proposes changes to restrict the temporary release of prisoners, as a criminal policy measure. The problem of the legislative proposal is centered on the temporary exit, which is provided for in article 122 of Law No. 7210/84. Therefore, the objective is to analyze the measures that were proposed by the new law, with the main focus on the temporary exits of inmates, discussing their potential consequences for the prison system and society, as well as their legal and ethical implications. The methodology used was exploratory, through doctrinal analysis, as well as from scientific journals and articles, and legislation. The study comes up with two hypotheses: The first is a legislative change that may reduce criminal recidivism, since, with the restriction on departures, prisoners could not commit new crimes during specific periods, such as holidays and commemorative dates. On the other hand, there is the problem of the resocialization of prisoners, which would be jeopardized, because the public authorities will prevent the right of prisoners to progressively return to society, delaying the social reintegration of prisoners.