Agravo Em Execução Penal N. 0004252-80.2012.4.01.4100/ro

Penal e processual penal. Agravo em execução. Prorrogação de prisão Em penitenciária federal. Decisão fulcrada na permanência dos motivos Que ensejaram a transferência. Desnecessidade de fundamentação em Fatos novos. Legalidade. Art. 10, § 1º da lei n. 11.671/2008. Preservação da Segurança pública e assegurar a incolumidade física de outros presos. Ausência de oitiva do preso. Irrelevância. 1. A decisão agravada encontra-se suficientemente fundamentada e atende aos requisitos previstos no art. 10, § 1º da Lei 11.671/2008. 2. A circunstância de não terem sido apresentados fatos novos em nada macula a decisão agravada, pois seu fundamento repousa na manutenção dos fatos que ensejaram a transferência do agravado para o Presídio Federal, o que é suficiente para a prorrogação de sua permanência naquela situação prisional, diante da necessidade de se preservar a segurança pública e incolumidade física de outros presos por ele ameaçados. 3. A prévia oitiva do preso para a prorrogação de sua permanência no Presídio Federal não se insere dentre os requisitos legais para tanto e nem ofende o princípio da ampla defesa. 4. Agravo não provido.

Rel. Des. Tourinho Neto

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