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(Feb 02, 2008) On December 18, 2007, the Brazilian National Council of Justice issued a resolution (Resolução No. 47 de 18 de Dezembro de 1007) determining that the judges responsible for the execution of criminal sentences (juízes de execução criminal) will have to make monthly personal inspections in the penitentiaries under their jurisdiction. According to the President of the Federal Supreme Court, Justice Ellen Gracie Northfleet, the resolution was designed to enforce Constitutional principles that were not being followed.
The resolution stipulates that the judges will need to take the necessary measures for the proper operation of the penitentiaries and, whenever necessary, undertake inquiries to determine who is responsible for any failure. After making an inspection, the judge must prepare a report and send it to the respective Justice Control Office (Corregedoria de Justiça). Article 4 of the resolution provides that the judges must constitute and install Community Councils, composed of community representatives, attorneys, and social workers, that will visit the penitentiaries, interview the inmates, and prepare reports to be sent to the judge in charge and to the Penitentiary Council. (Juízes terão de inspecionar presidios mensalmente, diz o CNJ, JURID, Jan. 14, 2008, available at http://www.jurid.com.br/new/jengine.exe/cpag?p=jornaldetalhejornal&ID=43858#null.)
|Author:||Eduardo Soares More by this author|
|Topic:||Criminal law and procedure More on this topic|
|Jurisdiction:||Brazil More about this jurisdiction|
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Last updated: 02/02/2008