LEI ORDINÁRIA Nº 7417, DE 10 DE DEZEMBRO DE 1985. Concede Anistia a Mães de Familia Condenadas Ate 5 (cinco) Anos de Prisão.
LEI Nº 7.417, DE 10 DE DEZEMBRO DE 1985.
Concede anistia a mães de família condenadas até 5 (cinco) anos de prisão.
O PRESIDENTE DA REPÚBLICA Faço saber que o Congresso Nacional decreta e eu sanciono a seguinte Lei:
Ficam anistiadas as mães de família condenadas a penas de prisão privativas da liberdade não superiores a 5 (cinco) anos, que, na data desta Lei, tenham cumprido, no mínimo, um terço da pena aplicada, se primárias, ou metade, se reincidentes.
São ainda condições para gozo do benefício ora instituído:
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bom comportamento prisional, revelador de condições de reintegração no convívio social;
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serem mães de filhos de menos de 10 (dez) anos;
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serem isentas de periculosidade.
A anistia ora concedida não beneficia as mulheres condenadas por crime relativo a entorpecente ou substância que cause dependência física ou psíquica, quando reconhecida na sentença a condição de traficante.
Caberá ao Conselho Penitenciário proceder na forma do art. 736 do Código de Processo Penal, depois do que encaminhará o processo ao Juiz das Execuções Criminais que, verificando satisfazer a condenada os requisitos desta Lei, declarará extinta a punibilidade e expedirá o competente alvará de soltura.
Esta Lei entra em vigor na data de sua publicação.
Revogam-se as disposições em contrário.
Brasília, em 10 de dezembro de 1985; 164º da Independência e 97º da República.
José Sarney
Fernando Lyra
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