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President Michel Temer should not sign this Christmas grace decree.
The Constitution authorizes the President to grant pardon to the sentences of convicts who fulfill the conditions specified in the presidential decree, generally published each year. In practice, if the prisoner benefits, he is serving his sentence and can leave the prison.
The reason why the president had decided not to grant the benefit this year was the non-conclusion by the Federal Supreme Court of an appeal against the rehabilitation decree issued by Temer l & # 39; last year.
The future president, Jair Bolsonaro, who takes office the following day, has already declared that he will not grant the rehabilitation of the prisoners. But the future Minister of Justice, Sérgio Moro, said that the "generosity" provided, according to the Temer decree of last year, would not be forgiven.
At the November 29 session, the trial was adjourned because Minister Luiz Fux had requested a hearing (more time to review the case). Previously, most of the 11 ministers (six) had already voted for the continuation of the presidential decree and two against. There is no date for the resumption of the trial.
Order signed by Temer in the year
The Attorney General of the Republic (PGR) then went to the Supreme Court against the Temer Law, and the Minister Rapporteur, Luis Roberto Barroso, granted an injunction (interim decision) suspending the effects of part of the decree. [19659010] Ministers Alexander de Moraes, Rosa Weber, Ricardo Lewandowski, Marco Aurelio Mello, Gilmar Mendes and Celso de Mello voted for the validity of the decree signed by the President. [1965901] 1] Luís Roberto Barroso and Edson Fachin were opposed to the validity of the decree. Luiz Fux asked for a view. In addition to Fux, the voices of Carmen Lúcia and the president of the STF, Dias Toffoli, are still in the news.
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