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The notice from the Palace of Plbadto said Tuesday (25) that President Michel Temer will evaluate Wednesday (26) if it is appropriate to grant a Christmas grace to prisoners.
Earlier on Tuesday, Plbadto Palace itself declared that Temer would not sign the grace of the death penalty.
According to columnist G1 G1 Gerson Camarotti, Temer's interlocutors stated that the president was "sensitive" to the arguments of the Public Defender of the Union in favor of signing the decree.
The organ sent Tuesday a letter in which he reinforced the request for mercy ( see details below ).
The concession of the benefit is a prerogative, provided for by the Constitution, exclusive to the President of the Republic.
Understand the difference between forgiveness and "affirmation" of Christmas
A pardon is a forgiveness of mercy and is usually bestowed annually on the approach of Christmas. It is intended for those who meet the requirements specified in the presidential decree.
If he enjoys grace, the inmate is penalized and can get out of jail.
The public defender of human rights reinforced Temer's demand on Tuesday that grace be granted.
In a letter to President Temer, Acting Public Defender Jair Soares Júnior states that, if the decree is not signed, it will be the first time since the entry into force of the Federal Constitution in 1988, when the decree will be signed. forgiveness is not granted.
Soares Júnior also states that the country's prison system is overcrowded.
"It is important to remember that Brazil currently has the third largest prison population in the world, and the Federal Supreme Court itself has recognized that the Brazilian prison system has a" state of unconstitutionality "that has led to the violation of the law. much of the rights, human rights, "the document says.
The pardon granted by Temer in 2017 was challenged by the Prosecutor General of the Federal Supreme Court (STF). Judge Luís Roberto Barroso, of the court, suspended part of the effects of the Temer judgment until the plenary hearing was heard.
At a meeting held on November 29, the trial was postponed because Minister Luiz Fux had requested a hearing, that is, more time to badyze the case .
Earlier, the majority, six of the eleven ministers, had already voted in favor of maintaining the presidential decree and two were against it.
There is no date for resuming this judgment.
The decree signed by Temer last year reduced to one fifth the length of the sentence imposed on the detainee for crimes without violence or serious threat of benefiting from the benefit and obtaining freedom.
The future president, Jair Bolsonaro, who takes office the next day, has already declared that he will not grant pardon to the prisoners. For the future Minister of Justice, Sergio Moro, the "generosity" provided, according to Moro's badessment, in last year's Temer decree will no longer be forgiven.
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