2ª Turma Do Stf Considera Falta Grave A Posse De Chip De Celular Por Preso

A exemplo do que decidiu a Primeira Turma do STF na semana passada, os ministros que compõem a Segunda Turma julgaram, na sessão de hoje (30), que a posse de chip de celular por um preso caracteriza falta disciplinar de natureza grave, que deve acarretar regressão do regime prisional e perda dos dias remidos (dias que são descontados da pena em razão da execução de trabalho pelo detento). A decisão foi unânime.

O posicionamento ocorreu no julgamento do Habeas Corpus (HC) 105973, impetrado pela Defensoria Pública da União em favor de Patrik de Souza, condenado à pena de 18 anos de reclusão por homicídio qualificado, cometido em Cruz Alta (RS). Os dois chips de celular foram encontrados na carteira de Patrick, quando ele retornava à prisão. Ele cumpria a pena em regime semiaberto e o cometimento da falta ocasionou a regressão ao regime fechado e a perda dos dias remidos. O preso disse que usava os chips para se comunicar fora da prisão e os esqueceu na carteira.

No STF, a Defensoria alegou que a posse de chip de celular por um presidiário não se amolda a nenhuma das hipóteses de infração disciplinar grave, previstas na Lei de Execução Penal (LEP). No exame do pedido de medida liminar, o relator do HC, ministro Ayres Britto, suspendeu a homologação do procedimento administrativo disciplinar a que respondeu o acusado. Todavia, ao examinar o mérito do pedido de habeas corpus, os ministros entenderam que, sendo um componente essencial para o funcionamento do celular, a posse do chip caracteriza a falta grave do inciso VII do art. 50 da LEP.

O ministro Ayres Britto afirmou que, se realmente o detento tivesse esquecido que trazia os chips consigo, poderia ter se antecipado aos agentes prisionais e dado esta informação, pedindo, em seguida, que os carcereiros guardassem os objetos até a sua próxima saída. A ministra Ellen Gracie ressaltou que a comunicação por parte dos detentos deve ser totalmente coibida, pois “ordens“ que partem das prisões geram problemas gravíssimos, como o ocorrido no Rio de Janeiro na semana passada. O ministro Joaquim Barbosa ressaltou que o chip permite ao detento se comunicar com o mundo externo, basta que consiga um celular emprestado.

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