Pimentel's opinion is favorable to a special regime for those who commit heinous crimes.

Senator José Pimentel (PT/CE) submitted his opinion to the Constitution and Justice Committee on the bill (PLS 333/2015) authored by Senator José Serra (PSDB/SP), which makes specific changes to the Statute of Children and Adolescents (ECA). The substitute bill presented by the rapporteur establishes new rules for the punishment of young people who commit heinous crimes, perpetrated through violence or serious threat. The report is the first item on the CCJ's agenda this Wednesday (June 17).

The proposal creates a special socio-educational care regime for juvenile offenders who commit, through violence or serious threat, conduct described in the legislation as a heinous crime. In this case, the offender may serve a socio-educational measure in the special regime until the age of 26 (maximum detention time of eight years).

The objective of the proposal, according to rapporteur José Pimentel, is to establish a differentiation based on the severity of the crime committed. “There are behaviors that cannot be equated. An example is infractions that result in death, serious or very serious injury, and the commission of a simple misdemeanor,” he said in his opinion.

According to the report presented, young people in the special socio-educational care program will be separated from the others, either in a specific facility or in a special wing within the existing structure. "The intention is to prevent the influence of perpetrators of heinous crimes on other minors," Pimentel emphasized. Despite the separation, it is possible to share the same multidisciplinary team (psychologists, social workers, educators, etc.).

The project also establishes that during the period of detention under the special regime, educational activities will be mandatory, in addition to access to primary, secondary, and vocational education. The system will also allow the young person access to apprenticeships and work, in accordance with current legislation. Permission will be granted by judicial authorization.

Incitement to crime - The text also amends the Penal Code to increase the penalty for those who commit crimes accompanied by minors under 18 years of age or induce these young people to commit crimes. The penalty will be two to five years, and increased up to double in the case of heinous crimes. Those who corrupt or facilitate the corruption of minors under 18 years of age will also face more severe punishment. The penalty will be three to eight years, and increased up to double in the case of heinous crimes.

Stricter punishment will also be applied to public servants who promote or facilitate the escape of adolescents or young people interned in socio-educational facilities.

Changed laws – The bill amends the Penal Code (Decree-Law 2.848/1940), the Statute of Children and Adolescents – ECA (Law 8.069/1990), and the National System of Socio-educational Care – Sinase (Law 12.594/2012). 

By Franzé Ribeiro - Communications Coordinator for Senator José Pimentel