Cannabis Freedom Index
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Easing 🇧🇷 Brazil

Brazil's Supreme Court rejects the blanket ban on prison-regime progression

By six votes to five in HC 82,959, the Supreme Federal Court held unconstitutional the provision requiring an entire sentence under the Heinous Crimes Law to be served in a closed regime. That provision also covered drug trafficking. The case itself concerned a sexual offence; the court's report discussed its relevance to cannabis suppliers. Progression required assessment by the execution judge rather than automatic release, and the ruling arose from review in an individual case.[1][2]

Listed for context. No score change is recorded for Brazil here.

References

  1. STF — Supremo afasta a proibição de progressão de regime nos crimes hediondos, 23 February 2006Court's contemporaneous report of HC 82,959; majority, individual review and judicial assessmentarchived
  2. Brazil — Law 8,072 of 25 July 1990, original publication (Câmara dos Deputados)Original Article 2 and paragraph 1, including drug traffickingarchived

Checked. The date and the event were compared with a source that was read.

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