Tribunal de Justiça do Rio Grande do Norte rules prison overcrowding insufficient for early regime progression

The Criminal Chamber of the Tribunal de Justiça do Rio Grande do Norte (TJRN) ruled that prison overcrowding alone does not justify granting an early progression of regime to sentenced inmates who have not yet fulfilled the statutory minimum term. The decision reversed a lower‑court order that had allowed a female inmate to advance to a less restrictive regime based on overcrowding in prisons of the state's western region and measures adopted by the Supreme Federal Court (STF).

The judges emphasized that the legal criteria in the Brazilian Penal Execution Law must be respected; the inmate will only become eligible for progression on 24 June 2026. While acknowledging the constitutional crisis highlighted in STF ADPF 347, the court held that the precedent does not permit automatic benefits and each request must be evaluated individually.