Video transcript
Leitura de Relatório / Justificativa
28 statements · 1 politicians · October 28, 2025
Statements by Sérgio Moro. 28 transcribed statements, with topic and stance on the ones the analysis classified. Topics: Legislative Process, Criminal Procedure, Criminal Justice, Custody Hearings and Pretrial Release.
Speakers
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Transcript
28 statementsFull transcript of the video. Statements the analysis classified carry topic and stance.
- Neutral
About: submit the Chamber of Deputies' substitute to the Senate for deliberation
I will go straight to the analysis, Mr. President. The Chamber of Deputies' Substitute to Bill 226 returns for deliberation to the Federal Senate, after review by the Chamber of Deputies, pursuant to the provisions of art. 65 of the Federal Constitution and arts. 285, 286 and 287 of the Internal Rules of the Federal Senate.
- Neutral
About: assess the substitute's constitutionality and legality before voting
First of all, it is important to state that the referred text is adequate with respect to the formal aspects of constitutionality, legality and regimental conformity, there being no obstacle in this regard to its approval.
- Neutral
About: expand cases for collecting biological material from detainees arrested in flagrante
On the merits, in our view, the Chamber of Deputies' substitute improved the text of the proposal in two points, both in the caput of art. 310-A, in the form of the bill: (a) the reference to crimes against sexual dignity, which is broader than the reference to crimes against sexual freedom and sexual crimes against vulnerable persons, and (b) the mention of heinous crimes.
- For
About: expand cases for collecting biological material from detainees arrested in flagrante
Indeed, these modifications expand the circumstances for the collection of biological material from a person arrested in flagrante delicto, thus constituting measures that contribute to criminal investigation and to the security of society.
- Neutral
About: mention heinous crimes in relevant provisions of the Code of Criminal Procedure
Another reference to heinous crimes is made in item IV of paragraph 3, which is inserted in art. 302 of the CPP.
- For
About: retain broad wording on repeat offending in art. 302 of the CPP
But, in this case, the measure appears restrictive, as one could interpret that the reiteration of criminal conduct refers only to heinous crimes.
- For
About: keep the Senate-approved wording on reoffending
Therefore, on this point, the text approved by the Senate should be maintained, which refers to the reiteration of criminal conduct in broader terms.
- For
About: retain the text approved by the Senate in the bill
With regard to the other innovations contained in the Chamber's substitute, we consider them to be adjustments of lesser importance, and it is preferable to maintain the text approved by the Federal Senate.
- For
About: maintain §5 of art. 310 of the CPP dealing with the custody hearing
It is important to maintain paragraph 5 regarding art. 310 of the CPP, since it is there that the custody hearing is addressed.
- For
About: require that conversion of arrest in flagrante to preventive detention be decided at the custody hearing when circumstances exist
Indeed, that is precisely the main objective of the proposal: to expressly add the circumstances that recommend the conversion of an arrest in flagrante to preventive detention, which should occur at the custody hearing.
- For
About: provide in §6 that the judge must expressly address the §5 circumstances at the custody hearing
Hence also the indispensability of the provision contained in paragraph 6, deleted by the reviewing House, since it is intended that the judge be required to pronounce on the circumstances of paragraph 5, in order to reduce the indiscriminate granting of provisional release at the custody hearing.
- For
About: authorize a police authority to request and carry out collection of biological material from detainees arrested in flagrante
With regard to the collection of biological material, we understand that there is no need for it to be carried out by a forensic expert.
- For
About: authorize a police authority to request and carry out collection of biological material from detainees arrested in flagrante
That professional is necessary for the preparation of the expert report, not for the collection of the material, provided custody precautions are maintained.
- For
About: authorize a police authority to request and carry out collection of biological material from detainees arrested in flagrante
Moreover, there are not a sufficient number of forensic experts available to meet the demand that one can imagine following the approval of this bill.
- For
About: replace 'delegado de polícia' with 'autoridade policial' in the caput of art. 310 of the CPP
We will present only a drafting amendment to replace in the caput of art. 310 the expression "delegado de polícia" with "autoridade policial", which is already established in the CPP.
- Against
About: approve the Chamber of Deputies' substitute to Bill No. 226/2024
The vote. For the foregoing reasons, we are in favor of rejecting the Chamber of Deputies' substitute to Bill No. 226 of 2024, except for the wording given to the caput of art. 310-A, added to the Code of Criminal Procedure, with the drafting amendment presented below, maintaining, with respect to everything else, the text of the bill approved by the Federal Senate.
- For
About: propose a drafting amendment to the caput of art. 310-A in the substitute
Plenary Drafting Amendment: Give to the caput of art. 310-A, added to the Code of Criminal Procedure by the Chamber of Deputies' Substitute to Bill No. 226 of 2024, the following wording.
- Neutral
About: request the judge to collect biological material to obtain and store the detainee's genetic profile
Art. 310-A. In the case of an arrest in flagrante for a crime committed with violence or serious threat against the person, for a crime against sexual dignity, or of an agent with respect to whom there are evidentiary elements indicating membership in a criminal organization that uses or has firearms at its disposal, as well as crimes provided for in art. 1 of Law 8.072, the Public Prosecutor's Office or the police authority shall request the judge to collect biological material for obtaining and storing the detainee's genetic profile, in accordance with Law No. 12.037, of October 1, 2009.
That is the vote, Mr. President. I will take this opportunity, Mr. President, to make two observations.
- For
About: better regulate custody hearings to prevent them from becoming a revolving door
First, I have had many political-party disagreements with Senator Flávio Dino, now Minister, but we both converge on the understanding that it is indeed necessary to better regulate the custody hearing, which is an important institute but has become a kind of revolving door for criminals.
- For
About: establish criteria for release or ordering detention at the custody hearing
Thus, in the bill authored by Senator Flávio Dino, which establishes criteria to be observed by the judge for the release or ordering of detention of those who go to the custody hearing, I served as Rapporteur because I agreed with the text.
- For
About: establish criteria for release or ordering detention at the custody hearing
I made some modifications there that obtained consensus in this House.
- For
About: increase rigor in conducting custody hearings to avoid improper releases
This demonstrates that it is indeed possible to converge on important points, and, on this point, both of us agree that it is necessary to be more rigorous in custody hearings, to prevent them from becoming a revolving door for criminals.
- For
About: require the judge, in the custody hearing decision, to state on the prescribed circumstances
And the merit of the bill is to establish that the judge is obliged, in that decision, to address each of these points.
- For
About: restrict granting of release in custody hearings for repeat offenders
We understand that this should have the salutary effect of reducing such releases.
- For
About: collect and store genetic profiles of detainees arrested in flagrante to improve criminal investigation
We also add here the collection of the genetic profile of those who were arrested in flagrante and taken to a custody hearing, which is a form of modern fingerprinting and will also enhance criminal investigation in our country; in other words, this bill has a very modern aspect.
That is the vote, then, Mr. President. I also thank Your Excellency for the attention you have always given to the issue of public security in this House, and especially in relation to this bill, because it was Your Excellency who honored me with the position of Rapporteur of a text that was very well drafted by then-Senator Flávio Dino, showing that we can make progress despite political-party divergences, in this case between myself and Senator Flávio Dino himself.
- For
About: approve measures to regulate custody hearings and expand criminal investigation tools to strengthen public safety
Here, society wins and Brazil wins with an immediate response to this issue of public security, today so much in focus in our country, particularly because of today's events in Rio de Janeiro.
AI classification from the transcript of a public video. See the Methodology