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Most ministers of the
Federal Supreme Court
(FTS)
decided Thursday not to impose limits to the decree
of
indult
signed by the president
Michel Temer
in 2017, this would open the possibility of a judicial pardon to politicians convicted of corruption. The lawsuit was interrupted by Luiz Fux's hearing request and has no date to return to the agenda.
Six magistrates presented a vote defending the exclusive prerogative of the president to establish the parameters of the judicial rehabilitation of criminals. Only the rapporteur, Luís Roberto Barroso, and Edson Fachin voted in favor of a limitation of pardon.
Understand what is at stake in this vote:
What is forgiveness? What is forgiveness?
The presidential act is provided for in the Constitution and means the grace of punishment. It is valid for all those convicted of crimes without threat or serious violence and is granted each year around Christmas by the President by decree. Prisoners convicted of crimes of torture, terrorism, drug trafficking and those convicted of a heinous crime can not benefit.
Who can benefit?
The criteria for determining who may or may not benefit are defined by the Director. The decree signed by Michel Temer in 2017, and under discussion in the Supreme Court, authorizes the granting of a pardon to those who have served one fifth of the sentence for having sentenced crimes without serious threat, including corruption and money laundering.
Can forgiveness benefit the prisoners of Lava-Jet?
When it came into effect in 2017, forgiveness would have benefited only one Lava-Jato convict: former federal MP Luiz Argôlo, sentenced in November 2015 at 11 years and 11 months imprisonment and imprisoned at the Criminal Medical Complex (CMP), in Pinhais, in the metropolitan area of Curitiba.
However, if a decree in the same way is published in 2018,
21 prisoners from Lava-Jet could benefit
according to a survey conducted by the Federal Public Prosecutor's Working Group. Former minister Antonio Palocci and former federal deputy André Vargas are among those convicted.
Other convicts already at their homes, such as cattle rancher José Carlos Bumlai, sentenced to nine years and ten months' imprisonment, and the operator Adir Assad, sentenced to more than 17 years in prison, would also benefit.
Why has the grace of 2017 sparked controversy?
The last Christmas grace is considered the most permissive of the last three decades. Pardons convicted of non-violent offenses who have served only one-fifth of the total sentence, regardless of the length of their sentence, have been pardoned. Under the reign of Dilma Rousseff, for example, those who served one-third of their sentence were sentenced to up to 12 years in prison.
The authorities saw in the text
– the most complete of the last 30 years – an attempt to get rid of the chain found guilty by Lava-Jet. Prosecutors in Lava-Jato are concerned that with lax rules of forgiveness, people held by the operation may be serving less time in detention than others who have entered into price-fixing agreements.
What's going on now while the trial is not over?
Until the resumption of the trial, the injunction issued in March by Minister Barroso, which limited the scope of the decree, was validated, for the benefit of those convicted of corruption. In addition to Fux, Carmen Lúcia and the president, Dias Toffoli, have not yet voted.
The elected president
Jair Bolsonaro said
, on Twitter, that "there is a rehabilitation for criminals this year, it will certainly be the last."
How does forgiveness work in other countries?
Indult is an existing resource in many countries – from the richest to the poorest, such as the United States, the United Kingdom, Russia, Peru and Nigeria. Profits derived vary. There are countries where this is granted by the president (USA) and others where the decision belongs to the executive power (UK).
What is the difference between presidential pardon and grace with commemorative dates?
The most common pardon granted to prisoners was given the popular name of "saidinha". This is a benefit provided by the law on the enforcement of criminal laws. It takes place on commemorative dates such as Christmas and Mother's Day, to visit family members. The measure is determined by the judge of the court in charge of law enforcement and provides for the return to prison after a few days of freedom.
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