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A day after the official announcement by Plbadto Palace that President Michel Temer would not grant any thanks to Christmas this year, councilors confirmed Tuesday night that he was preparing a text to publish a text in the coming days.
According to information collected by Folha the withdrawal allegedly took place following a request addressed to the president by the DPU.
According to counsel for the palace, it is proposed that the text does not benefit persons sentenced by
Federal Public Defender Gabriel Faria Oliveira told Folha to have spoken to Temer by phone on Tuesday
he said. had asked the president to reconsider the decision not to grant a pardon, arguing that there was, according to him, a "politicization" around the decree of 2017. Oliveira said that he had received sina [19659002] The definition of who can benefit from forgiveness depends on the badysis that the president must make on Wednesday (26), according to his relatives.
A text is studied. which has a scope similar to that of the version and 2017, with the exception of white-collar crimes.
For example, Brazilians and foreigners who, on December 25, had served one fifth of their sentence, otherwise
It is forbidden to grant benefits to persons convicted of acts such as torture or terrorism, or heinous crimes.
After the controversy around the subject at the end of last year and in front of Jair Bolsonaro (PSL) 's opposition, Temer had decided not to publish the Christmas indult in 2018.
The information had been officially confirmed by the opinion of
Established in the Constitution as one of the exclusive powers of the President of the Republic, grace is usually granted at the end of the year and leads to the grace of the prisoners.
In 2017, Temer's decree pardoned those convicted of corruption who had served one-fifth (or 20%) of the sentence until December 25, 2017. This was considered more controversial and led to the challenge of the PGR (Office of the Attorney General) before the Federal Supreme Court.
In December of last year, during the suspension of the judiciary, the then President Minister Carmen Lúcia, of the STF, responded to the request of the Attorney General and suspended disputed articles
The STF, which is the highest authority of the Brazilian judiciary, has not completed the badysis of the subject since the session last month. Minister Luiz Fux called for a hearing and suspended the trial indefinitely.
For most magistrates who have already voted, forgiveness is a constitutional prerogative of the President of the Republic and the judiciary can not interfere in its content.
In Bolsonaro Networks baderted, at the time of the Supreme Court's judgment, that he was pardoned at the end of the year, he would not be re-elected in his term
"J & I was elected President of Brazil to meet the wishes of the Brazilian people.Violence and crime were one of our main campaign commitments, I badure you that there is a rehabilitation for criminals this year it will certainly be the last, "he wrote in November.
Later in the same month, he said in an interview. including the future Minister of Justice, Sergio Moro, head of Lava Jato in Curitiba until he accepts the invitation to become a member of the new government
"There is no that the question of corruption, any criminal must fully discharge his sentence.
After the suspension of the judgment by the STF, Moro also affirmed that there would be no, in the case of corruption. the administration of Bolsonaro, pardons with "such generosity", that is,
members of the Lava Jato working group, who are investigating the bribery scheme in Petrobras that has affected politicians in various parties, are opposed to granting the benefit in the manner stipulated in 2017 [19659002] Attorney Roberson Pozzobon, for example, joked on social networks the statement that Temer would make in a radio show and television broadcast on Christmas Eve.
"I hope not not to announce a new forgiveness of Christmas. "] The issuance or not of forgiveness does not interfere with the so-called" declarations ", which consist in the liberation by the judges of the sticks of execution of the prisoners who behaved well and who had to leave prison in time to return to the end.
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