The payment of bail is not essential for granting provisional release. Therefore, it is illegal to keep the poor defendant in jail only because of non-payment of bail. The decision belongs to the 6th class of the STJ.
Can not demand payment of bail of poor defendant
The 6th class of the STJ understands that the payment of the bail is not essential for granting the provisional release. Thus, the Court decided that it was illegal to keep the poor defendant in custody solely because of non-payment of bail.
In the case, the defendant is responsible for simple theft, which has a minimum sentence of one year, and has been in jail for more than six months. The judge granted the bail, stating that custody of the defendant would be unnecessary, but did not grant freedom for failure to pay bail, set at $ 830.
According to Maria Thereza de Assis Moura, the rapporteur of the case, the fact that the defendant is admittedly poor, assisted by a public defender, guarantees his right to freedom, provided that, as acknowledged by the magistrate, the requirements for custody custody were absent.
In the ruling rendered, art. 350 of the CPP ( click here ) : ” in cases in which a bail is imposed, the judge, finding that it is impossible for the defendant to lend it, because of poverty, may grant him provisional release, subjecting him to the obligations set forth in arts. 327 and 328. If the defendant infringes, without just cause, any of these obligations or otherwise commits another criminal offense, the benefit shall be revoked . “
The class also determined that the judge to inform the compliance of the order, under penalty of communication of the fact to the CNJ. It is that the injunction, deferred more than two years ago, would still not have been fulfilled, according to the first degree judge, because the Justice Department of Piauí would not have informed the place of fulfillment of the sentence by the defendant.