Brazilian President Luiz Inácio Lula da Silva has signed the Christmas pardon decree – a decision that grants amnesty to convicts who meet certain legal requirements, such as having been sentenced to up to eight years and having served at least one-fifth of their sentence. The document also covers the reduction of penalties in some cases.
The decision does not apply to those convicted of violent crimes, for instance. In this year’s pardon, among the crimes not covered are those that threaten the democratic rule of law – as perpetrated by the people convicted of participating in the attempted coup of January 8, 2023.
Individuals convicted of abuse of authority, drug trafficking, and sexual crimes are also barred from clemency, in addition to those who have benefited from plea bargaining deals or members of criminal rings, and individuals serving sentences in maximum-security prisons.
For custodial sentences, pardons can also be granted to people with severe disabilities – such as blindness and quadriplegia – people with HIV in its terminal stages or with serious illnesses, women with high-risk pregnancies, and people with severe autism spectrum disorder. Individuals over 60, parents of children with serious illnesses or disabilities, and people indispensable to the care of dependents are also eligible.
For fines, the decision applies to convicts who do not have the financial means to pay them or when the amount is below the minimum threshold for tax enforcement by the National Treasury.
The measure is a legal and exclusive power of the Brazilian president under the Constitution and can be signed each year. Once the decree is published, convicts who meet the rules can go to court to claim their right to the benefit.
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