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”.
