Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 335 of the CPP – Delay in granting bail by the police authority.

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Art. 335. If the police authority refuses or delays the granting of bail, the prisoner, or someone for him, may provide it, by simple petition, before the competent judge, who will decide within 48 (forty-eight) hours. (Wording provided by Law No. 12,403 of 2011).

Bail requested from judge

Refusal or delay in granting bail:  If the maximum penalty provided for in the abstract for the offense does not exceed four years, bail may be granted by the police authority. If the sentence exceeds four years, bail must be requested directly from the judge. If, in view of the amount of sentence, it is within the competence of the police authority to grant bail and the latter refuses to grant it or delays it, the prisoner or any person may request it before the judge, by means of a simple petition. The decision must be rendered within 48 hours.

No need to hear from the authority:  It is not necessary to hear from the police authority. 

No need to file for  habeas corpus :  Although filing for  habeas corpus  before the magistrate is feasible ( articles 648, item V  and  66 0 , paragraph 3), there is no need. A simple petition addressed to the judge is sufficient. If the judge does not grant bail, it is possible to file a writ of  habeas corpus  before the court, based on  article 648, item V : “Coercion shall be considered illegal: (…) V – when someone is not admitted to post bail, in cases where the law authorizes it”.

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