The CNPCP (National Council for Criminal and Penitentiary Policy), linked to the Ministry of Justice, restricted the possibility of intimate visits in prisons to those who are married or have an officially registered stable union. The organ even changed the nomenclature: now it is “conjugal visit”. The decision was published in the Official Gazette of the Union today.
The rule also established that these visits can only take place once a month. The visitor must be registered in advance at the establishment, along with the marriage or stable union certificate. It is not possible to register more than one person per prisoner. If, by chance, there is a replacement of the registered person, it is necessary to wait a minimum period of one year for the visit to take place.
Provisional and permanent prisoners are entitled to a conjugal visit, with the exception of those who are subject to a differentiated disciplinary regime. This prohibition was already practiced by the courts – but, now, it is expressed in the norm. According to the resolution, “the conjugal visit is a reward, of the regal type, granted to the person deprived of liberty and must meet the concerns of dignified treatment and progressive family life of the inmate”.
Also according to the resolution, the conjugal visit can only be granted to prisoners with good behavior and can be suspended at any time. “The exercise of the conjugal visit of the person deprived of liberty presupposes the regularity of his prison conduct and the fulfillment of the duties of discipline and collaboration with the order of the prison unit”, says the text.
“Access to the conjugal visit may be suspended, for a specified period, upon a reasoned decision by the administration of the penal establishment, as a result of disciplinary offense”, concludes the resolution.
There is the possibility of replacing the marriage or common-law marriage certificate with a declaration signed by the prisoner and the indicated person. It is up to the prison management to analyze the application. The resolution prohibits a conjugal visit when the indicated person is also serving a sentence.
The decision was taken last month at a CNPCP session. At the session, the chairman of the board, judge Márcio Schiefler Fontes, highlighted that the Brazilian rule needed to be in line with current international standards.
