Regime progression
Checking the fraction applicable to each offense, the new base date after a disciplinary offense and the unification of sentences. Calculation errors are frequent when there is more than one conviction.
Criminal · serving the sentence
Sentence enforcement: regime progression, remission and benefits based on the real sentence calculation
After the conviction becomes final, the sentence is supervised by the Enforcement Court. Each benefit depends on dates, fractions and behavior recorded in the sentence certificate.
Straight answer: when can the inmate request regime progression
Progression depends on two cumulative conditions: serving the fraction of the sentence required for the type of offense (percentages of article 112 of the Sentence Enforcement Act, between 16% and 70% depending on violence, recidivism and whether the crime is classified as heinous) and good prison conduct certified by the facility. The request is addressed to the enforcement judge, who hears the prosecutor before deciding.
This page is for convicted persons in closed, semi-open or open regime, and for relatives following the sentence. Practice throughout the State of São Paulo, Brazil, including inland and coastal districts, with in-person meetings in São Paulo (Paulista and Tatuapé offices) or by video call.
Common requests during enforcement
Remission through work, study and reading
Every three days of work or twelve hours of study remit one day of sentence. Remission through reading follows its own rules. The proof must be filed in the case.
Parole (livramento condicional)
Requires a minimum fraction served, good conduct, no recent serious disciplinary offense and, in some cases, compensation of the damage. The request includes a proposal of lawful occupation.
Temporary leave and outside work
Available in the semi-open regime, with time and conduct requirements. The defense checks whether the facility and the local court admit the benefit and how to formalize it.
Disciplinary offense and regression
The inquiry requires an administrative procedure with the right of defense. Procedural defects or the absence of a justification hearing may set the regression aside.
Pardon and commutation
They depend on an annual decree with objective requirements. The defense checks eligibility and requests application when appropriate.
What changes the outcome of the request
Correct sentence calculation
Sums of sentences, deduction of time in pre-trial detention and disciplinary dates change the date of each benefit. Manual checking avoids premature or late requests.
Documented conduct
The conduct certificate is issued by the facility. Course and work certificates must reach the case file, or they are not counted.
Response deadlines
Requests left unanswered for an unreasonable time can be pressed, including through habeas corpus when the delay harms liberty.
How the follow-up works
1. Certificate audit
Checking all convictions, fractions, base dates and recorded remissions.
2. Reasoned request
Petition with the calculation, documents and the specific legal basis of the benefit.
3. Monitoring
Following the prosecutor's opinion, the decision and any appeal in enforcement.
Relatives should keep every course certificate, work statement and proof of reading. Without those documents in the case file, remission is not recognized.
Frequently asked questions about sentence enforcement
Does a disciplinary offense reset the time served?
It interrupts the count for progression, with a new base date from the offense, and may cause loss of up to one third of remitted days. It does not interrupt the count for parole, according to settled case law of the higher courts.
Is it possible to serve the sentence under house arrest?
In situations provided for by the Enforcement Act and case law, such as serious illness, pregnancy, small children under exclusive care or lack of an adequate place in the regime. The request requires documentary proof.
Must the same lawyer from the trial handle enforcement?
Not necessarily. Enforcement runs in its own court and may be handled by another lawyer, with a specific power of attorney.
Official references and related pages
Official sources governing sentence enforcement in Brazil. Reading the sentence certificate and the conviction remains indispensable.
Want to check the sentence calculation and available benefits?
Send the enforcement case number and the sentence certificate. The screening identifies the possible requests and the missing documents.