Poor Cannot be Arrested just Because he Cannot Pay Bail


The poor defendant cannot remain in custody merely because he is unable to pay bail. This was the understanding of the president of the Superior Court of Justice, Minister Laurita Vaz, in granting provisional release to a man caught with drugs for more than 70 days because he could not pay bail.

The Minister observed that, although there is no full evidence in the case file that the defendant has financial conditions to pay the amount of the bail – a minimum wage – the particularities of the case “clearly indicate that the lack of such resources really is the factor that impeded their freedom. “

No bail no freedom

No bail no freedom

The man was granted provisional probation by the first degree court, conditioned to the payment of R $ 937. The judge considered that, even if it were to be condemned, in the face of the primacy, the custodial sentence is possibly equal to or less than four years and replaced by restrictive rights. Since October 16, 2016, the date of the decision, his defense has been rising against the imposition of bail, without success.

“I understand that the precautionary measure of bail cannot survive, because it offends the constitutional system that prohibits the fact that poor people are held in custody only because they do not have the financial resources to pay the amount of the bail,” concluded Laurita Vaz in her decision to the injunction in Habeas Corpus.

Applied precautionary measures

Applied precautionary measures


In deciding on the defendant’s freedom, the minister applied different precautionary measures from the prison provided for in article 319 of the Code of Criminal Procedure: periodic attendance at court, within the term and conditions to be set by the trial court, and must also attend all procedural acts; and prohibition to leave the region without previous and express authorization of the court.

The granting of provisional release is valid until the judgment of the merit of the HC, which will be given in the 6th Panel of the court. The rapporteur is the minister Sebastião Reis Júnior. With information from the Press Office of the STJ.

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