Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 328. The bailed defendant may not, under penalty of breach of  bail, change residence, without prior permission from the prosecuting authority, or be absent for more than 8 (eight) days from his residence, without informing that authority of the place where he will be found.

surety and obligations

Obligations of the bailee:  Once the defendant is bailed, according to this provision, two obligations arise, that of not changing residence without prior permission from the authority and that of not leaving his residence for more than eight days without communicating the place where he will be found. The need for judicial authorization to change residence violates the constitutional right to freedom of movement established in  article 5, item XV, of the CF :  movement in the national territory is  free in peacetime (…). Conditioning prior authorization is unfounded, abusive and unnecessary. It is not justified. What is important, however, is that the accused communicate his new address in advance or as soon as he makes the change. As for the obligation to notify the judge where you will be found, if you are going to be absent from your residence for more than eight days, the condition is perfectly legal. Here, the authorization of the judge is not necessary, what is necessary is that the judge be informed where the accused will be found.


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