Unanimously, the Federal Supreme Court (STF) overturned the law that provided for special imprisonment for those with higher education. The virtual trial ended on Friday night (31). The ministers followed the understanding of Minister Alexandre de Moraes, rapporteur of the action filed by the Attorney General’s Office (PGR), which questioned the benefit provided for in the Code of Criminal Procedure (CPP). According to Article 295, item VII, of the CPP, people with a higher education degree from any Brazilian college are entitled to special pressure, not being able to stay in a common cell with the other detainees. For Moraes, there is no justification for different treatment based on the level of education. “It is, in reality, a discriminatory measure, which promotes the categorization of prisoners and which, with that, still strengthens inequalities, especially in a nation where only 11.30% of the general population has completed higher education and where only 5.65% of blacks or browns managed to graduate from a university. That is, the legislation benefits precisely those who are already more socially favored, who have already obtained an unequivocal privilege of access to a university”, said the rapporteur. In addition, the device was not approved by the Constitution. The original text is from 1941. Moraes also argued that the Federal Constitution, the CPP and the Penal Execution Law (LEP) provide different treatments for prisoners in specific situations, such as the nature of the crime, age and gender. The measure, according to the minister, is to avoid the coexistence of men and women in the same prison, influence of convicted prisoners on other inmates and protection of children and adolescents. “In all these hypotheses, the aim is to provide greater protection to the physical and moral integrity of prisoners who, due to their exceptional characteristics, are in a more vulnerable situation”, he emphasized.
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