The humanitarian pardon aims to grant freedom to prisoners with serious and terminal illnesses.
The decree is published in the Official Gazette of the Union and was signed by President Jair Bolsonaro and the Minister of Justice and Public Security, Sérgio Moro.
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The text authorizes the pardon in specific cases, such as paraplegia, quadriplegia or blindness acquired after the commission of the crime or resulting from it. The condition needs to be proven by an official medical report or by a doctor designated by the judge executing the sentence.
The decree also benefits prisoners with a serious and permanent illness. Illnesses that severely limit activity and require ongoing care. All conditions must be proven by an official medical report. In the absence of a report, a doctor is appointed by the judgment of execution.
The pardon also extends to detainees with malignant neoplasms or AIDS, provided they are in the terminal stage.
There are restrictions in the decree, such as the prohibition of pardoning those convicted of certain crimes:
– corruption (active and passive).
- Heinous crimes.
– Crimes of torture.
- Drug trafficking.
Prisoners convicted of crimes committed with serious violence will also not be released. Those involved with criminal organizations, terrorism, rape and sexual harassment are included.
Those convicted of:
– Rape of vulnerable.
– Corruption of minors.
– Satisfaction of lust in the presence of a child or adolescent.
– Favoring prostitution or sexual exploitation of children, adolescents or vulnerable people.
The decree also prohibits the pardon of those convicted of:
– Embezzlement, concussion and influence peddling.
The measure also excludes those who had the deprivation of liberty replaced by a restriction of rights or a fine. Also those who had conditional suspension of the process and in cases in which the prosecution appealed after the second instance trial.
According to the text, a pardon will not be granted to anyone who, convicted, has not served the sentence corresponding to the crime preventing the benefit.
The list of persons entitled to a pardon must be forwarded to the Public Defender's Office, to the Ministry Public, to the Penitentiary Council and to the execution court by the authority that holds the custody of the prisoners.
The decree informs that the pardon may be granted even if the sentence has become final for the prosecution, without prejudice to the judgment of the defense's appeal at a higher court and that the receipt has not been issued retreat.
The pardon is not applicable if there is an appeal from the prosecution of any nature after the second instance trial. The information is from Agência Brasil.
