COMO LIMPAR SEUS ANTECEDENTES CRIMINAIS / REABILITAÇÃO CRIMINAL COMUM E MILITAR

Talon Course - Criminal Law, Criminal Procedure and Criminal Execution | Evinis Talon. ACCESS HERE: https://go.hotmart.com/V93112253W?ap=... / I have a "Criminal Record," can I take competitive exams? Criminal Rehabilitation, to "clean" criminal records | Public service exam notice cannot bar candidates who are facing criminal charges / Many people don't know that there is a legal procedure that can "clean" your name and free you from certain troubles. / We are talking about CRIMINAL REHABILITATION. This institution is legally provided for in the Penal Code (Art. 93 CP), and in the Code of Criminal Procedure (art. 743 to 750 CPP). Criminal Rehabilitation ensures the confidentiality of records regarding your trial and conviction, making the candidate eligible to take any public service exam or to join any professional category, such as the OAB (Brazilian Bar Association), for example. In other words, criminal rehabilitation is – the judicial declaration that the convicted person has reformed and is, therefore, restored to their previous condition. As Jair Leonardo Lopes aptly teaches: “Rehabilitation is the judicial declaration that the sentences imposed on the convicted person have been fulfilled or extinguished, ensuring the confidentiality of the records of the process and affecting other effects of the conviction. It is a right of the convicted person, arising from the presumption of social aptitude, erected in their favor, at the moment when the State, through the judge, admits their contact with society (...)”[1]. (emphasis added) Thus, it is clear that the citizen, after rehabilitation, can begin to hold public office, function or elective mandate. One of the basic principles of the Federal Constitution, the highest law of our country, is that in Brazil there will be no perpetual sentences. Therefore, any different understanding would deserve prompt and certain repudiation, because no citizen or law is above the Constitution. Most recently, we had the decision of the Supreme Federal Court (STF) Plenary in the Extraordinary Appeal (RE nº 560900), which approved the thesis prohibiting public notices from barring candidates who are facing criminal charges. The thesis is worded as follows: “Without adequate constitutional provision and established by law, a clause in a public competition notice that restricts the participation of a candidate simply because they are facing an inquiry or criminal action is not legitimate.” Now, it is important to emphasize that we cannot be bound by a reality that is the result of outdated legislation that has regulated the matter in the same way for decades. I believe that, currently, specifically regarding public competitions, depending on what the notice says, once the sentence has been served or extinguished, the person is eligible to "take the exams". This is because Article 202 of the LEP (Law of Penal Execution) establishes the following: LAW No. 7,210, OF JULY 11, 1984, (Establishes the Law of Penal Execution) [...] "Art. 202. Once the sentence has been served or extinguished, no mention or reference to the conviction shall appear on the criminal record, certificates or attestations issued by police authorities or court officers, except to instruct proceedings for the commission of a new criminal offense or other cases expressly provided for by law." At this point, we must understand the current constitutional scenario, which obliges us to abandon the concepts of legislators from times of hardship. Furthermore, renowned legal scholars have leveled harsh criticism at the institution of REHABILITATION, notably for its "very limited usefulness." In this regard, Guilherme de Souza Nucci stated the following: “Its main goals are to guarantee the confidentiality of records regarding the process and conviction of the sentenced individual, as well as to provide for the recovery of rights lost due to the effects of the conviction. However, article 202 of the Penal Execution Law states that, ‘once the sentence has been served or extinguished, no mention or reference to the conviction shall appear on the criminal record, certificates or attestations issued by police authorities or court officers, except to support proceedings for the commission of a new criminal offense or other cases expressly provided for by law’.” (emphasis added) (Learn more about NUCCI's work - HERE!) As can be seen, the confidentiality of the sentenced individual's background is already guaranteed by the Penal Execution Law, immediately after the sentence has been served or extinguished. Criminal rehabilitation is therefore irrelevant to this topic. See also: Postgraduate Degree in Public Law geared towards the Federal Public Prosecutor's Office - 100% Online Course - Access HERE! [1] Cited by Mirabete, Julio Fabrini, Manual of Criminal Law/ 21st ed. – São Paulo, Atlas, 2016 To read more publications by the author, visit: www.valterdossantos.com Do you have any questions about the...