The end of temporary departures: An analysis of the changes proposed by Bill No. 2,253/2022

Abstract

Temporary releases provided for in the Brazilian legal system are instituted in accordance with the objectives of the sentence and Criminal Law, acting as instruments for the resocialization and social reintegration of convicts. However, the effectiveness of this institute is much debated, considering the number of escapes of prisoners from the prison system and the negative impact on public safety, especially due to the increase in crime during the period of releases. Thus, Bill No. 2,253/2022 was created, which proposed the extinction of the benefit of the criminal execution system. In this context, this article aims to analyze the objectives and effectiveness of temporary releases in the Brazilian criminal execution system, in light of the functions established by the Criminal Enforcement Law, assessing whether this benefit fulfills its attributions and discussing whether there are justifications for the extinction of the institute, as proposed by the aforementioned Bill. Initially, a historical review of the institute of temporary releases is carried out, exploring its legal and social foundations and its relevance in the process of resocialization of convicts. Next, data on the effectiveness of this measure are presented, considering aspects such as recidivism and behavior within prison institutions. The study also assesses the implications of the legislative proposal, discussing its possible effects on the right to social reintegration of prisoners. It is concluded that the possible elimination of temporary releases is contrary to the criminal execution system, and the total elimination of temporary releases is not justified by concrete grounds of ineffectiveness. The role of the Federal Senate was decisive in restricting the benefit, keeping it in force, but with limitations for heinous and violent crimes, preserving the balance between public safety and the resocialization objectives of the sentence.