Defender Renan, on mortgage from Palmeiras to Red Bull Bragantino, charged with assaulting and killing motorcyclist Eliezer Pena, has been provisionally launched in a São Paulo court docket on bail of a minimal wage of 200 R$ 242,400.
If cost will not be made inside 72 hours, Renan is distributed again to jail and the decide converts custody to preventive custody, which might be completed in any jail continuing.
The quantity stipulated by the Supreme Court of São Paulo for counsel is the highest potential underneath Brazilian legislation, which determines the cost of bail between 1 and 200 minimal wages, relying on the seriousness of the offense and the variation associated to the information.
According to Ivana David of the Court of Justice of São Paulo (TJSP), bail serves as a form of assure for the monetary prices of the proceedings, and additionally it is a form of assure that the accused will adjust to the guidelines. procedural acts.
“Bail is the assure the accused provides to the Supreme Court that the accused won’t disappear,” the Justice of the Peace summarizes.
According to the Pro Bono Institute, a voluntary advocacy group, as well as to paying bail, the legal legislation requires individuals charged with crimes to adjust to different court docket necessities.
“In addition to the guided cost of the decided bail quantity, sure obligations should even be fulfilled throughout the course of,” the web page informs the Institute.
That is what’s going to occur to Renan. In addition to cost, gamers are required to attend all procedural acts, are prohibited from going to bars, brothels and live performance halls, and nonetheless have to hand over their passports to federal police.
What about bail?
Money paid by the legal defendant is deposited into a particular account for the decide to acquire these funds.
According to Instituto Pro Bono, there are two locations for money. If the accused is acquitted or the proceedings are closed, “return the bail in financial rewrite.”
Now, if convicted, this quantity can be used to “pay for fines and damages proceedings.” If there may be nonetheless any remaining steadiness of this low cost, the wrongdoer will get it again.
“The closing award can come from this bail bond. If acquitted, the quantity can be corrected and returned. This financial adjustment is borne by the financial institution, and it really works with this quantity and pays curiosity,” says Ivana David.
Who determines the bail bond and the way is the quantity decided?
Under the Criminal Procedure Code, brokers and judges can resolve on bail. The quantity and jurisdiction will fluctuate relying on the crime concerned.
Bail is outlined by an agent for offenses punishable by imprisonment of up to 4 years. Here, a price between 1 and 100 of the minimal wage is stipulated by legislation.
Immobilization is set by a decide if the offense for which the particular person responded has been sentenced to 4 years or extra. In this case, the worth ranges from 10 to 200 minimal wage.
Renan had no intention of killing, however is underneath investigation for manslaughter at the path of the automotive. This offense carries a sentence of two to 4 years. However, the legislation stipulates that an athlete should be fined one-third greater than 4 years for driving with out permission.
If the homicide was willful, the lawyer had no proper to bail as a result of Brazilian legislation prohibits freedom of cost for heinous crimes, Judge Ivana David mentioned. The Justice of the Peace explains that setting values inside the minimums and limits required by legislation takes into consideration a number of particular variables in the case.
“The decide considers a number of elements, together with the defendant’s monetary skill, the significance of the disappearance, the sort of car, the age of the sufferer, and whether or not the sufferer was a supporter of the household. Yes,” explains the decide.
Ivana David says that if a defendant is unable to pay the quantity set by the court docket, he can ask for various motion.
“The Supreme Court understands that if bail is ready and the particular person doesn’t have the monetary skill to pay bail as a result of he’s poor or unemployed, he can take different various actions and decrease the worth,” he mentioned.
