President says that measure cannot be granted to those convicted of attacks on the Democratic Rule of Law
The president (PT) signed the decree granting Christmas pardon for 2025. The document was published on DOU (Official Gazette of the Union) this Tuesday (Dec 23, 2025).
The measure grants pardon to prisoners who meet certain specific criteria. In the decree ( – PDF – 392 kB), Lula specified that the pardon does not apply to those convicted of attacks on the Democratic Rule of Law.
The decree also leaves out those convicted of:
- abuse of authority;
- heinous or similar crimes, torture, terrorism and racism;
- crimes of violence against women, such as feminicide and stalking;
- illicit drug trafficking, criminal organization and crimes committed by faction leaders.
The decree determines that they cannot receive the pardon “people who have signed a plea bargain agreement, regardless of the crime committed”.
Lula determined that people with conditions such as:
- paraplegia;
- blindness;
- serious physical disabilities acquired after the crime;
- terminal stage HIV;
- serious and chronic illnesses that require care not offered by the prison unit;
- severe autism spectrum disorder (grade 3) or neurodiverse in a similar condition;
- pregnant women whose pregnancy is considered high risk;
- serious, chronic or highly contagious illness – with serious outpatient limitations or that causes severe restrictions on participation in prison unit activities or that requires continuous care.
People with stage 4 cancer, acute kidney failure and multiple sclerosis are also covered, but on the condition that the prison system is unable to provide adequate treatment.
WOMEN
Lula granted pardons to women prisoners who have not been convicted of committing another crime committed through violence or serious threat to a person and have not been punished for committing serious misconduct. They must fit into one of the categories:
- mothers and grandmothers who have children up to 16 years of age or with disabilities who are proven to need care, as long as 1/8 of the sentence has been served;
- women who have reached the age of 60 or who have not reached the age of 21, as long as they have served 1/8 of the sentence;
- women who are considered people with disabilities.
MORE
Pardon for fines may be granted when the amount is lower than the minimum required for tax enforcement. It also applies when there is proof of the convicted person’s economic incapacity, as in the case of beneficiaries of social programs or homeless people.
