Faced with the situation of public calamity in Rio Grande do Sul, the National Council of Justice (CNJ) published this Thursday (9) a document with guidelines for the action of the local Judiciary in the criminal and socio-educational spheres. The document emphasizes the need to guarantee basic assistance in establishments dedicated to deprivation of liberty and other penal and socio-educational services, guaranteeing the dignity of these populations at this critical time.
Read the Guidelines for the action of the Judiciary of Rio Grande do Sul in the criminal and socio-educational spheres during the state of public calamity
The Court of Justice of the State of Rio Grande do Sul (TJRS) and the Federal Regional Court of the 4th Region (TRF-4) are instructed to create Interinstitutional Crisis Committees to monitor the situation and coordinate efforts in response to emergency needs. The recommendation includes the implementation and monitoring of contingency and evacuation plans from deprivation of liberty establishments, ensuring the safety and integrity of the physical infrastructures of prison and socio-educational units. This includes attention to the provision of basic inputs such as food and drinking water. Inspections must be carried out regularly, preferably in person.
If in-person attendance is not possible, other means of communication can be used to maintain regular contact with unit management and obtain updates on the conditions of the establishments and the individuals held there. Additionally, appropriate measures must be taken in cases of deaths and ensure repair of damage caused to the physical structures of the units.
Supervisor of the Department of Monitoring and Inspection of the Prison System and the CNJ Socio-Educational Measures Execution System (DMF/CNJ), José Rotondano highlights the importance of interinstitutional collaboration in times of crisis. “It is essential that all institutions work together to guarantee not only legal security, but also the protection of the rights of the most vulnerable people.”
According to the coordinator of the DMF/CNJ, Luís Lanfredi, the measures reflect the CNJ’s responsibility for the safety and integrity of the population, which includes those in custody or with restricted freedom. “These guidelines provide a clear path to adapt our judicial practices and ensure that justice is accessible, even in the face of the challenges posed by the severe weather conditions facing our state.”
Specific guidelines
In the criminal system, the guidelines are divided into five sections, with 20 guidelines in total. The indications address, among other topics, the holding of custody hearings via videoconference when physical presence is unfeasible, the temporary suspension of new preventive detention orders, and the extension of the concept of home to house arrest, covering any safe place where the person may be.
The text advises avoiding the application of electronic monitoring as a precautionary measure, considering the difficulties in infrastructure for operation, the possible need for extraordinary travel, possible risks to the health of the person being monitored and the possibility of equipment breakdown. Furthermore, it is recommended that people on provisional release be exempt from periodic appearances in court and review provisional arrests, with a focus on pregnant women, breastfeeding women, mothers or guardians of children or people with disabilities, and other groups in vulnerable situations.
For the socio-educational system, there are eight sections and 46 guidelines, including the review of provisional hospitalizations and maximum exceptionality in the imposition of new hospitalization and semi-freedom measures, as well as holding hearings via videoconference, when necessary. It is recommended that an Interinstitutional Crisis Committee be created to monitor the socio-educational system while the public calamity situation persists, with the participation of actors from the Rights Guarantee System, the Executive, civil society, public and guardianship policy councils, as well as family members of teenagers, among other measures.
The document published this Friday was prepared with the technical support of the Making Justice program, carried out by the CNJ in partnership with the United Nations Development Program (UNDP) and the Ministry of Justice and Public Security, through the National Secretariat for Penal Policies (Senappen), to accelerate necessary transformations in the field of deprivation of liberty.
Text: Leonam Bernardo
Editing: Nataly Costa and Débora Zampier
CNJ News Agency
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Tags: Floods CNJ issues guidelines penal socioeducational systems
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