Bill toughening Brazil’s furlough policies moves through Senate

Prisoners in the northern state of Pará are released temporarily, wearing ankle bracelets. Photo: Onuma/Susipe

The Senate Public Security Committee on Tuesday approved a bill ending a program that grants furlough benefits to prisoners under the semi-open regime. The committee also approved a motion to fast-track the bill — sending it straight to the Senate floor and bypassing the key Constitution and Justice Committee.

Both moves were wins for Senator Flávio Bolsonaro, the bill’s rapporteur in the upper house, and the right-wing opposition.

The bill was approved on the House floor back in 2022. It revokes the collective licenses and creates stricter criteria, including a requirement for psychiatric evaluation.

Conservatives normally advocate for tough-on-crime policies — although their consistency on the issue has been tested since the riots of January 8, 2023, in Brasília, when hordes of far-right radicals stormed and ransacked government buildings. Thousands were arrested and 59 people have been convicted for various crimes linked to the failed insurrection.

Since investigations and en masse trials began, conservatives began championing prisoners’ rights — provided they come from their own ranks.

Under current legislation, inmates can go to the semi-open regime after serving a part of their sentence and displaying good behavior. This means they can leave prison during the day for work or study.

A few times per year, the Judicial branch in each state can also grant collective temporary furloughs, which are usually enacted close to holidays such as Christmas. Inmates’ total furlough time must not exceed 35 days per year. Judges can order additional measures, such as ordering prisoners to wear ankle bracelets.

A recent survey by a newspaper showed that 57,000 inmates were allowed out on furlough during the 2023 holiday season — with an escape rate of almost 5 percent in 2023, or roughly 2,700 fugitives. Eight states replied they did not grant collective licenses last year.

Furloughs, which have long sparked controversy in Brazil, recently made headlines after a police officer was shot dead in the city of Belo Horizonte earlier this year by a criminal who was on temporary leave.