Lei de Execução Penal (Lei 7,210/1984)
The Lei de Execução Penal (Law No. 7,210 of 1984) governs the enforcement of criminal sentences in Brazil, including imprisonment, semi-open regime, and open regime. The law establishes the purpose of criminal execution as the reintegration of the convicted person into society and provides for progressive release through regime changes (fechado, semi-aberto, and aberto). It addresses prisoner rights, education and work programs, and the duties of the criminal execution judge (juiz de execução penal).
Legal area: Correctional law governs the enforcement of criminal sentences, imprisonment, and the rehabilitation of offenders.
Year enacted: 1984
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L7210.htm
Key Provisions
- Art. 1: Purpose of criminal execution (reintegração do condenado à sociedade)
- Art. 11: Progressive regime (regime progressivo de cumprimento de pena)
- Art. 33: Progressive release (progressão de regime)
- Art. 41: Prisoner rights (assistência jurídica, educacional, trabalhista)
- Art. 52: Prisoner work and education programs
- Art. 112: Parole and early release (condicional e libertação condicional)
- Art. 116: Juiz de execução penal (criminal execution judge)
- Art. 117: Administrative proceedings in prison (processo administrativo penal)
Significance
The Criminal Execution Law is the primary statute governing the administration of criminal sentences in Brazil. The law’s progressive release system has been the subject of extensive judicial interpretation, particularly regarding eligibility for regime progression and the requirements for parole. The law has been criticized for insufficient prison conditions and overcrowding, which have been found to violate fundamental rights by the STF.