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President Luiz Inácio Lula da Silva signed the 2024 Christmas pardon decree, regulating the forgiveness of sentences for specific groups of prisoners who meet strict criteria.
The pardon, traditionally granted at the end of the year, is a constitutional prerogative of the President of the Republic and aims to cover vulnerable segments of the prison population. This year, the decree was marked by detailed rules and notable exclusions, reflecting an effort to balance humanity and justice.
The 2024 decree also brings new features in relation to the time for serving the sentence/Photo: Antônio Cruz/Agência Brasil
Among the beneficiaries are individuals with serious illnesses, such as terminal-stage HIV and advanced cancer, as well as pregnant women or mothers of young children. However, leaders of criminal factions, those convicted of sexual crimes, abuse of authority and attacks against the democratic rule of law are beyond the scope of the measure. The application of the decree reinforces the debate about the social function of pardons and the complexities involved in the administration of criminal justice in Brazil.
The 2024 decree also brings new features in relation to the length of time for serving the sentence, adjusting parameters and expanding the inclusion of certain groups, while maintaining rigor against serious crimes.
Groups benefiting from the pardon
This year, the criteria for granting pardons focused on vulnerable segments and exceptional cases that require humanitarian attention:
- Serious illnesses: People with critical health conditions, such as end-stage HIV, advanced cancer and disabling illnesses, were prioritized. The Brazilian penitentiary system, often criticized for its inability to provide adequate medical care, justified this decision.
- Elderly people over 60 years old: Prisoners who have already served part of their sentences were also included, considering the vulnerability of this group and the impact of incarceration on their health.
- Pregnant women and mothers responsible for young children: The pardon covers pregnant women and mothers of children under 12 or with disabilities, as long as they have not committed violent crimes.
- Convicted of non-violent crimes: Those sentenced for crimes without violence or serious threat who have already served a fifth of their sentence, if not repeat offenders, or a quarter, if repeat offenders, were covered.
Strict exclusions and a focus on public safety
The 2024 decree highlighted a list of exclusions that aim to protect society and strengthen the fight against organized crime:
- Sexual crimes: Rapes, harassment and other offenses of a sexual nature were excluded from the benefit.
- Abuse of authority: Those convicted of abuse of power, especially in public office, are not eligible.
- Attacks on the democratic rule of law: Those involved in the events of January 8, 2023, when violent acts challenged democratic institutions, are also excluded from pardon.
- Serious and heinous crimes: Torture, drug trafficking, terrorism, racism, corruption and other highly serious crimes remain excluded.
- Leaders of criminal factions: Members of organized groups, especially those subject to the Differentiated Disciplinary Regime (RDD), are banned.
The decision to exclude such groups reinforces the message that the Christmas pardon is not a loophole for impunity, but an instrument of social justice.
Changes in sentence time
The decree introduced significant changes to the criteria for serving the sentence, benefiting less dangerous prisoners:
- Non-violent crimes: For sentences of less than eight years, the minimum term was reduced from a quarter to a fifth of the sentence.
- Repeat offenders: The rule of one third of the sentence remains as a minimum requirement for those who already have a criminal history.
- Minor violent crimes: Those sentenced to sentences of less than four years for crimes involving violence or serious threats can be released after serving a third of the sentence, or half, in the case of repeat offenses.
These changes reflect an attempt to reduce prison overcrowding and promote the social reintegration of prisoners with less dangerous potential.
A look at the social impact of the pardon
The granting of the Christmas pardon in 2024 reignited debates about the social function and limits of presidential pardon. On the one hand, there is the defense of the humanitarian nature of the pardon, which seeks to assist prisoners in extreme situations, such as serious illnesses and motherhood. On the other hand, there is criticism from sectors of society that point out the need for greater rigor in the application of these measures, especially given the high rate of criminal recidivism.
The exclusion of those convicted of corruption, sexual crimes and violence against the State is seen as a step forward in tightening public policies against these practices. At the same time, the inclusion of vulnerable groups demonstrates sensitivity to demands for social justice and equity in the penal system.
The relevance of pardon in the prison system
Brazil faces structural challenges in its penitentiary system, including overcrowding, violence and unsanitary conditions. The Christmas pardon appears as an alternative to partially alleviate these problems, even though its application reaches a limited portion of inmates.
- Overcrowding: The Brazilian prison system houses more than 800,000 prisoners, with an occupancy rate that exceeds official capacity by 70%. The pardon is one of the few measures capable of reducing, even minimally, this rate.
- Health Care: Many prisoners benefiting from the pardon have health conditions that cannot be adequately treated in the prison environment, highlighting the need for humanitarian measures.
- Social reintegration: By releasing less dangerous prisoners, the pardon offers a second chance for these individuals to rebuild their lives outside the penal system.
Procedures and rules for requesting a pardon
The 2024 decree establishes that the pardon request can be made by different agents, expanding prisoners’ access to the benefit:
- Lawyers and public defenders: They can formalize requests with the competent authorities.
- Initiative by the prisoners themselves: Inmates can also request the benefit directly, following the established criteria.
- Judicial processing: It is up to the justice system to evaluate requests based on the criteria in the decree, ensuring that the rules are strictly applied.
Furthermore, the decree does not include additional penalties, such as fines, which continue to be owed by those convicted, reinforcing the specific nature of the benefit.
