The pardon that President Luiz Inácio Lula da Silva (PT) should grant at Christmas this year must repeat the format adopted in 2023 and 2024, keeping all those convicted of crimes against the Democratic Rule of Law out of temporary pardon. This will exclude from the presidential decree both former president Jair Bolsonaro (PL), who is serving a sentence at the Federal Police of the Federal District, and the others convicted by the STF due to the undemocratic acts of January 8, 2023.
According to the newspaper The Globethis prohibition appears in the draft approved by the National Council for Criminal and Penitentiary Policy (CNPCP), which will now be analyzed by the Minister of Justice, Ricardo Lewandowski. According to Planalto sources, this evaluation by the minister should take place next week, before sending the final text for Lula’s signature.
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Last year, the decree for Christmas pardon and commutation of sentences was published on December 23rd.
According to the CNPCP draft, in addition to maintaining a hard line for crimes such as attempted coups and attacks against democracy, pardons will be prohibited for leaders of criminal factions, those imprisoned in maximum security establishments, perpetrators of torture, racism, terrorism and crimes against public administration. And serious and violent crimes remain excluded from the benefit.
See below a list that appears in the draft, according to the report:
Crimes against democracy – The ban will be maintained on those convicted of an attempted coup – this includes among those prevented from receiving a pardon, former president Jair Bolsonaro and the January 8 defendants.
Factions and maximum security – Neither the leaders of criminal factions nor those imprisoned in maximum security units will be able to receive a Christmas pardon.
Crimes graves – Those convicted of crimes of torture, racism, terrorism and crimes against public administration will continue to be excluded this year, as will those convicted of violent crimes in general.
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Privileged trafficking – First-time offenders with good records, who are not part of criminal organizations, may receive a Christmas pardon. This decision is based on the STF’s understanding that this type of crime cannot be considered heinous.
