With the various reforms of criminal and procedural criminal law that took place in 2008, procedural logic became more guarantor, making freedom the rule and restriction to freedom the exception, which is why the precautionary measures different from the prison, the example of bail, have become more practical.

About bail bonds

The criminal guarantee consists of a procedural guarantee in order to allow the correct application of the law. In exchange for the surrender of a sum in cash to the competent authority, the accused may respond freely.

Although this guarantee was already provided for in criminal proceedings, Federal Law No. 12,403 / 2011, which amended the Criminal Procedure Code, brought new amounts for bail purposes. Currently, the maximum amount imposed as bail may exceed 100 million reais.

Initially, it is important to point out that both the police authority (delegate) and the judicial authority (judge) are entitled to grant the criminal bail. However, the delegate can only do so in cases where the maximum penalty imposed is less than 4 years. In all other cases, the jurisdiction to grant bail is exercised exclusively by the judge.

When the bail is granted by the delegate – maximum penalty not exceeding 4 years -, its value can vary between 1 and 100 minimum wages (currently, just over R $ 60,000.00). If granted by the judge, these amounts can vary between 10 and 200 minimum wages (something around R $ 120,000.00).

At this point, it should be noted that the economic capacity of the defendant is a requirement to be taken into account in the amount of the surety, since the legislation authorizes that these amounts be increased by up to 1000 (thousand) times, be reduced by 2/3 or even even if their payment is waived.

It is in the law that a bail bond company at this homepage can offer bail bonds, which means that the entire amount for bail will be paid for if the defendant fails to attend their hearings.

Obviously, the benefit of the guarantee imposes compliance with certain requirements. For this reason, the Code of Criminal Procedure establishes that the bail will be considered “broken” when the accused fails to attend the proceedings without just cause, obstruct their progress, breach other precautionary measures imposed together with bail, resist the judicial order or practice new criminal offense with intent.

If the bail is considered broken, the defendant will lose half of the amount deposited, which will be directed to a proper penitentiary fund. In addition, there is no doubt that a breach of bail warrants further difficulties for the accused to achieve similar benefit in other situations.