The Bill 4622/09, which allows the Department of Justice to plea for criminal abatement, is being processed at the Chamber. That action aims at substituting a condemnatory action by another, which discharges the defendant of decreases his/her penalty. It cannot worsen the situation of the defendant.

The author of the Bill, Deputy Vinicius Carvalho (PTdoB-RJ), argues that the Department of Justice (MP), as a body whose mission is to inspect Law, has the ethical duty to seek justice. “If new evidences proving the innocence of the defendant arise, it [MP] itself should intercede”, proposes the congressman.

The Code of Criminal Procedure (Decree-Law 3.689/41) establishes that the defendant himself/herself, or his attorney, can plea for criminal abatement, and, if the defendant has passed away, his/her partner, parents, children of brothers and sisters.

The criminal abatement is filed against a final and unappealable decision, or be it, which can no longer be changed. It aims at, for instance, correcting mistakes, discussing fake evidences, presenting proof of innocence and recognizing mitigating circumstances or the continuity of the offense.

Procedure
The bill should be reviewed by the Committee on the Constitution and Justice and Citizenship.

Report - Vania Alves
Editing - Maristela Sant'Ana
Translation – Positive Idiomas Ltda