(Oct. 21, 2015) On October 6, 2015, Brazilian President Dilma Roussef signed Law No. 13,167, which amends article 84 of the current Prison Law to establish the criteria to be used for the separation of detainees in prisons according to the gravity of the crime committed. (Lei No. 13.167 de 6 de Outubro de 2015, PLANALTO; Lei de Execuções Penais, Lei No. 7.210, de 11 de Julho de 1984, PLANALTO.)
According to the new Law, provisional detainees must be separated into the following categories (Lei de Execuções Penais, art. 84(§ 1), as amended):
I. persons accused of committing heinous crimes or the equivalent;
II. persons accused of crimes committed with violence or a serious threat to the person; or
III. persons accused of the commission of other crimes or of misdemeanors included in subsections I and II.
As for convicted prisoners, they must be separated into the following categories (id. art. 84(§ 3)):
I. persons convicted of heinous crimes or the equivalent;
II. repeat offenders convicted of crimes committed with violence or a serious threat to the person;
III. persons convicted for the first time of crimes committed with violence or a serious threat to the person; or
IV. other persons convicted of other crimes or of misdemeanors in different situations from those required for categories I through III.
The new Law also determines that a prisoner who has had his or her physical, moral, or psychological integrity threatened by living with the other prisoners must be segregated in an appropriate site (id. art. 84(§ 4)).