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BRASÍLIA – After comings and goings, President Michel Temer withdrew and decided on Sunday that he would not amend the Christmas pardon, granting a judicial pardon to the convicts for crimes without violence . This is the first time since the re-democratization that a president does not issue 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 felt that it was appropriate to let the government of President-elect Jair Bolsonaro solve the problem. who takes over next week. In practice, the decision is a nod to the new president, who had already said that if forgiveness were granted at the end of this year, it would be the last time.
"I was chosen president of Brazil to meet the wishes of the Brazilian people." If you forgive criminals this year, it will certainly be your last, "wrote Bolsonaro on Twitter about a month ago. [19659002] Temer decided not to revise the decree and used as justification the indeterminacy of the Federal Supreme Court (STF) on the subject, which began to judge the issue, but will resume it only after the suspension of the magistrate, when the emédébiste will not be more President of the Republic
Last year, Temer issued a decree that has significantly reduced the sentence, so that the detainees for crimes without violence can benefit from the He reduced to one-fifth of the sentence the minimum time available to prisoners for non-violent crimes to obtain a pardon, which provoked controversy as he was considered a safe conduct for prisoners convicted under the Lava-Jet operation
. a view from Minister Luiz Fux who paralyzed the trial, while most ministers were already in favor of the decree signed in 2017.
Earlier this week, the press service of Plbadto Palace officially confirmed that Temer do not decree. forgiveness this year. In the night, however, in response to a call from the Union Public Defender (DPU), Temer returned and was inclined to sign the text.
The following day, Minister Marco Aurélio Mello, of the STF, defended the existence of the decree and said that it is "tradition" in Brazil and that the Brazilian penitentiary system is a "pressure cooker". Today, there are nearly 700,000 prisoners in the country's prisons 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). which calls into question the precedent, in 2017. We must now think of the real pressure cookers that are Brazilian penitentiaries – said the minister.
For the text not to benefit those who have committed so-called white-collar crimes, text of the decree a waiver of grace for those found guilty of acts such as corruption or crimes against the 39, public administration. Temer has spent the past few days listening to his interlocutors and, in São Paulo, where he spent the weekend, he decided that he would not issue any rehabilitation decree.
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