Monica Amirante: 'The prison decree had no effect on numbers'

The Prison Law Decree (Dl 92/2024), which changed the rules on early release, was passed on 4 July when there were 61,480 prisoners. In four months, instead of decreasing, they became 62,427, a thousand more. "That the decree would have no effect on overcrowding was evident from the beginning," says Monica Amirante, national coordinator of the surveillance magistrates (Conams).

Early release provides for 45 days for every semester of sentence served for the prisoner who participates in re-education. The novelty introduced by the Prison Decree is to link it to the application for benefits, alternative measures and the end of the sentence. What was the impact?

The old rules worked well because they created a relationship between magistrate and prisoner that gave hope, calmed, and avoided riots. The new rules erase this relationship without affecting overcrowding. For the inmate, the greatest fear is to be forgotten.

Isn't that a procedural simplification?

Probably the intention was to lighten the load on the offices (the Supervisory Courts are the only ones that have not benefited from the trial office) but this is not the right way. And, without a transitional rule, there was also confusion. There were different interpretations: some courts applied the new rules immediately, others did not.