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BRASÍLIA – After his arrival and departure, the president
Michel Temer
s' retired and decided on Sunday that he would not amend the decree of
Christmas grace
, which grants a judicial pardon to convicts for crimes without violence.
It will be the first time since the democratic renaissance that a president does not amend the decree. Even before the 1988 Constitution, collective pardons had been granted to inmates in 1945, 1960 and 1982.
According to interlocutors close to the president, Temer said it would be good to leave the issue in the hands of the government of President-elect Jair Bolsonaro, who will badume his duties next week. In practice, the decision is a nod to the new president, who had already said that if grace was granted later this year, it would be the last time.
"I was elected President of Brazil to meet the wishes of the Brazilian people." One of the main commitments of our campaign was to take drastic action to combat violence and crime. I badure you, if there is a pardon for criminals this year, "wrote Bolsonaro on Twitter about a month ago.
Temer had originally decided not to revise the decree and had invoked as justification the indeterminacy of the Federal Tribunal (STF) on the subject, which was beginning to judge the matter, but would take over the case only 39, after the suspension of the work of the judiciary, when the emedebista will no longer be president of the Republic.
Last year, Temer issued a decree that significantly reduced the sentence, so that prisoners convicted of non-violent crimes could be pardoned. It reduced to one-fifth of the sentence the minimum period of time available to prisoners for non-violent crimes to obtain judicial pardon, which was controversial because it was considered a safe conduct for prisoners sentenced under the Lava-Jet operation.
Minister Luiz Fux asked for a stay of the trial while most of the ministers had already pronounced in favor of the decree signed in 2017.
Earlier this week, the Plbadto Palace Press Office officially confirmed that Temer would not issue a pardon this year. At night, however, at a call from the Public Defender's office, Temer stepped back and was inclined to sign the text.
The following day, STF Minister Marco Aurélio Mello defended the existence of this decree and declared that it was a "tradition" in Brazil and that the system Brazilian penitentiary was a "pressure cooker". Today, there are nearly 700,000 prisoners in penitentiaries in the country and Brazil has the third largest prison population in the world.
– The indulgence is a tradition in Brazil and I do not know why we have not concluded the judgment of Adin (direct action of unconstitutionality) who disputed the previous one, that of 2017. We must now think of the real pressure cookers that are Brazilian penitentiaries – says the minister.
For the text not to benefit those who committed so-called "white-collar" crimes, it would be necessary to include in the text of the decree a parental derogation for persons convicted of such crimes. as corruption or public administration. Temer has spent these last days listening to his interlocutors and, in São Paulo, where he spent the weekend, he decided that he would not issue any decree of grace.
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