Christmas pardon forgives fines and excludes those convicted of January 8

President Luiz Inácio Lula da Silva published on Friday (22), in the Official Gazette of the Union (DOU), the first Christmas pardon decree signed in his third term. Provided for in the Constitution, the act is equivalent to a collective presidential pardon, with the extinction of the sentence in certain cases.

The pardon was granted to those convicted of crimes without violence or serious threat to the victims, under different conditions, depending on the prisoner’s sentence period and other specific situations.

Forgiven cases

For convicts sentenced to less than eight years in prison, the pardon applies to those who have served at least a quarter of their sentence. If he is a repeat offender, the convicted person must have served one third of the sentence.

People sentenced to more than eight years and less than 12 years in prison must have served a third of their sentence by December 25, 2023, or half if they are repeat offenders.

The pardon also extends to prisoners over 60 years of age who have served a third of their sentence, or half if they are repeat offenders. If they are over 70 years old, the requirement is to have served a quarter of their sentence if they are not repeat offenders, or a third if they are.

Women with children under the age of 18, or with children with serious chronic illnesses or disabilities, were also included in the pardon, under specific conditions if the sentences were longer or shorter than eight years.

Among other cases mentioned in the pardon, people with permanent disabilities prior to the crimes, serious permanent or chronic illnesses and severe autism spectrum disorder were also benefited depending on the time of conviction and serving the sentence.

Exceptions

As every year, this time the decree brought several exceptions. For example, people convicted of crimes against the Democratic Rule of Law are left out. This prevents the release of people sentenced for participating in the January 8 coup acts. To date, the Federal Supreme Court (STF) has sentenced 30 people for involvement in undemocratic acts.

Prepared by the National Council for Criminal and Penitentiary Policy (CNPCP), the terms of the decree also provide for the forgiveness of fines imposed by court conviction of up to R$20,000. For larger amounts, the person must prove that they do not have the economic capacity to bear the debt.

The decree also does not benefit those convicted of environmental crimes or crimes against women, including violations of the Maria da Penha Law, such as domestic violence, sexual harassment, political violence against women and non-compliance with protective measures.

Other exclusions include crimes against public administration, such as passive corruption, embezzlement and misuse of public funds, in cases where penalties exceed four years in prison.

As in other years, the pardon does not benefit those convicted of: violations of the Child and Adolescent Statute, racism, heinous crime, torture, rape, robbery, bid fraud, joining a criminal organization and terrorism, among others.

In Brazil, it is traditional for the decree to be published around December 25th and benefit imprisoned people. Release, however, is not automatic, and each beneficiary must request their release separately.

The pardon has humanitarian inspiration and exists in most republics, such as Brazil, Portugal, France and the USA, among others. The idea is to forgive minor crimes and benefit the elderly and people with serious illnesses, for example.

On at least two occasions, the STF suspended sections of the Christmas pardon in recent history.

In 2017, the decree published by Michel Temer was suspended in part where it benefited people convicted of white-collar crimes, such as corruption. About a year and a half later, however, the Supreme Court plenary decided to validate the entire decree, as it understood that it was a private act of the President of the Republic.

In January of this year, the decree issued in 2022 by then-president Jair Bolsonaro was also suspended, in the part in which it granted pardons to military police officers convicted of the Carandiru massacre.

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