TJPE orders the arrest of the biggest kidnapper in Pernambuco who was released before the deadline | Latest: Pernambuco.com

Judges of the 3rd Criminal Chamber of Court of Justice of Pernambuco (TJPE) unanimously recognized, this Wednesday (27), the error in calculating the benefit of the “double calculation” that provided the early freedom of Pernambuco’s biggest kidnapper, Rosemberg Ramos da Silva. The criminal had been sentenced to 190 years in prison and had the sentence extinguished before the deadline after a determination by the TJPE in September 2023.

O “double calculation” was one of the measures taken to control overcrowding at the Curado Prison Complex, in the West Zone of Recife. According to the rule that has been applied since September 2022, the time a prisoner spent in prison is counted twice and deducted from the final sentence.

Judge Cláudio Jean Nogueira Virgínio was the rapporteur of the case and stressed that the calculation that grants the benefit must be based on the total sentence of the convicted person, and not the maximum period of 30 years in prison provided for in article 75 of the Brazilian Penal Code.

“The time redeemed must in fact be computed as a sentence served under the terms of Article 128 of the Criminal Execution Law, so much so that it is deducted from the total sentence executed for the purposes of calculating benefits such as conditional release and regime progression. However, the redeemed days should not be classified as time of effective incarceration, which is subject to the limit of 30 years, today 40 years, established by Article 75 of the Penal Code. I emphasize that this matter has already been submitted to the 4th Criminal Chamber of this Court in two opportunities, with the aforementioned Body having decided in accordance with the understanding set out here“, says the decision.

Rosemberg Ramos da Silva participated in kidnappings with great media coverage and was arrested in 1996, but managed to escape from prison in 2001. He was captured again two years later in Maranhão.

The biggest kidnapper in Pernambuco it has 17 cases in court and was sentenced to 190 years, one month and two days in prison for murder, robberies and kidnappings carried out between the 1990s and 2000s.

TJPE recognized another “double calculation” error

In November 2023, the 4th Criminal Chamber of the TJPE also granted the criminal execution appeal against the decision handed down by the Court of the 1st Regional Criminal Execution Court.

At the time, the case’s rapporteur was judge Demócrito Reinaldo Filho. Judges Fausto Campos and Honório Gomes do Rego Filho also participated in the trial session.

The new collegial decision determined that defendant Carlos Roberto da Silva Junior would return to serving his sentence in a closed regime until February 23, 2029, when he will reach the limit of 30 years in prison.

Carlos Roberto was convicted in 4 criminal actions, totaling a unified total sentence of 124 (one hundred and twenty-four) years and 6 (six) months of imprisonment, the length of which the sentence was served began on February 24, 1999.