Criminal appeal 5013 (minutes 32 of 1976)

  • Fact: Defendants tried to reorganize the communist party in Paraná.
  • Crime: art. 43 of Decree-Law 898/69 (former National Security Law)
“Art. 43. Reorganize or attempt to reorganize in fact or in law, even under false name or simulated form, any party or association, dissolved by force of legal dissolution or judicial decision, or that exercises activities harmful or dangerous to national security, or make them work, under the same conditions, when legally suspended: Penalty: imprisonment, from 2 to 5 years.”
  • Processo: recurso interposto contra prisão preventiva.
  • Fundamentos: Excesso de prazo. Nulidade do decreto de prisão. Ausência dos requisitos cautelares.
  • Sustentação: Heleno Fragoso
  • Case: appeal against protective custody.
  • Grounds: Excessive term. Nullity of the prison decree. Absence of precautionary requirements.
  • Oral argument: Heleno Fragoso

Criminal appeal 5014 (minutes 27 of 1976)

  • Case: Appeal against protective custody.
  • Rapporteur: Justice Alcides Carneiro.
  • Fact: Defendants tried to reorganize the communist party in Paraná.
  • Crime: art. 43 of Decree-Law 898/69 (former National Security Law)
“Art. 43. Reorganize or attempt to reorganize in fact or in law, even under false name or simulated form, any party or association, dissolved by force of legal dissolution or judicial decision, or that exercises activities harmful or dangerous to national security, or make them work, under the same conditions, when legally suspended: Penalty: imprisonment, from 2 to 5 years.”
  • Grounds: Excessive term. Nullity of the prison decree. Absence of precautionary requirements.
  • There is no oral argument by Heleno. Only statements by the public attorney and the Judge-Rapporteur.

Criminal appeal 5085 (minutes 89 of 1976)

  • Rapporteur: Justice Djaci de Moinhos Pinheiro.
  • Appellant: José Celso de la Roque.
  • Fact: In an interview to Veja Magazine, José Celso stated that the minister Rei Velloso, of the Ministry of Planning, “has no character”.
  • Crime: art. 36 of Decree Law 898
“Art. 36. To offend the honor or dignity of the President or Vice President of the Republic, of the Presidents of the Federal Senate, of the House of Representatives, of the Federal Supreme Court, of Ministers of State, of Governors of States or Territories, and of the Mayor of the Federal District: Penalty: imprisonment, from 2 to 6 years. Sole Paragraph. If the crime is committed by means of the press, radio or television, the penalty shall be increased by half, in addition to the fine of 50 to 100 times the value of the highest minimum wage in force in the country, if the responsibility rests with the director or person in charge of such entities of the press, written and spoken”.
  • Appeal: Appeal against the decision that rejected a plea for lack of jurisdiction of the Military Justice.
  • Grounds: Political crime demands action with the purpose of attacking the Government. Potential harm to national security. There is no real and concrete danger.
  • Argument: Heleno Fragoso

Advocacia da liberdade

Heleno Fragoso
Forense, Rio de Janeiro/RJ,
204 pages.
Edited in 1984

In this book, Heleno Fragoso tells his hard experience as a lawyer for political prisoners during the “leaden years” of the post-1964 military dictatorship. Here we can find, in a language that is accessible to the layperson, reports of remarkable criminal cases, such as the ones occurred to Ênio Silveira, Niomar Moniz Sodré Bitencourt, Caio Prado Junior, Father François Jentel, Stuart Angel Jones, Francisco Pinto and Father Reginaldo Veloso. The book also addresses the case of the Movement for Emancipation of the Proletariat (Movimento de Emancipação do Proletariado – MEP) and against the metallurgists of São Paulo, which involved, among others, Luiz Inácio Lula da Silva.

Comentários ao Código Penal

Heleno Fragoso
Forense,
Rio de Janeiro/RJ,
1979-80 1st Edition: 1953.

The most important work of the Brazilian legal-penal literature of all time, almost entirely authored by Justice Nelson Hungria, commenting the Criminal Code of 1940, article by article. Heleno Fragoso updated some of the volumes (Volume I, Books I and II, Volume V, Volume VI, and Volume VII – all by Hungria) without interfering with the original text, adding additional comments at the end of each volume.

Jurisprudência Criminal

Heleno Fragoso
Forense, Rio de Janeiro/RJ, 1982,
642 pages
1st Edition: Borsói, 1968.

Far from constituting a mere repository of jurisprudence, the book brings careful comments and criticisms to countless decisions issued by the Brazilian courts in criminal and criminal procedural matters, always invoking a great deal of national and foreign penal doctrine. Although the primary objective of the work is eminently practical (that is, to give exact knowledge of the case law), the considerable depth of the analysis of the theoretical-practical issues dealt with in the judgments confers undeniable relevance to the issues addressed.

Primeiras linhas sobre o direito penal e o processo penal

Heleno Fragoso
Cadernos do Instituto de Ciências Penais, n. 03, Rio de Janeiro/RJ.
60 pages
Edited in 1975.

Text originally prepared for publication, in French, in a collection organized by Professor Marc Ancel, under the auspices of the Comparative Law Institute (Paris), it was carried out according to criteria established by Sebastian Soler, who coordinated the preparation of the volume relative to South America. It was an exposition on the fundamental aspects of Criminal Law and Criminal Procedure in our country, to be used by beginner students, for an overview of the Brazilian punitive system.

Abuso de Drogas na Legislação Brasileira

Heleno Fragoso
Liber Juris – Rio de Janeiro/RJ,
148 pages.
Edited in 1976.

Work performed in co-authorship with the sociologist Yolanda Catão, within the research program of the Institute of Penal Sciences of Cândido Mendes Law School, during the year of 1975. The work is divided into two parts. The first contains general considerations on the object of the research and the problem of drug abuse, with information about the methodology used. In the second part, there is the analysis and interpretation of the data, with the conclusions and recommendations.

Direitos dos Presos

Heleno Fragoso
Forense, Rio de Janeiro/RJ,
134 pages.
Edited in 1980

The book contains a study by Heleno Fragoso on the legal and criminological perspectives of the subject, as well as a report on the research performed by Yolanda Catão and Elizabeth Sussekind regarding the situation of the prisoners, based on penitentiary institutions for men in Rio de Janeiro. Edited at a time when our country did not even have a law on penal execution, this work exposes the reality of the prison system, shows the slow evolution of the process of recognition of rights to prisoners, and reveals the aporias, idiosyncrasies and hidden purposes of the execution of the criminal penalty.

Lei de Segurança Nacional: uma experiência antidemocrática

Heleno Fragoso
Sergio Antonio Fabris Editor, Porto Alegre/RS,
59 pages.
Edited in 1980.

Development of work carried out for the Federal Council of the OAB (the Brazilian Bar Association), and adopted by them as their official statement, at the time the reform of the National Security Law then in force was under discussion. The author examines the doctrine of national security, and also addresses the concepts of political crime and crime of manifestation of thoughts, devising several proposals for legislative reform in multiple criminal and criminal procedure aspects.