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On Thursday (24), President Jair Bolsonaro signed a decree with the rules for the Christmas pardon. For the second time in his mandate, Bolsonaro authorized the pardon of public security agents convicted of guilty crimes – unintentionally – in the exercise of their profession.
The text has no automatic effect. It is necessary that the lawyers and public defenders of each detainee entitled to pardon sue the Justice to request the issuance of the release permit.
The signature was informed by the General Secretariat of the Presidency and the decree must be published in an extra edition of the “Official Diário da União” this Thursday.
“This decree includes federal police, civil police, military, firefighters, among others who, in the exercise of their function or as a consequence of it, have committed culpable crimes or due to culpable excesses, that is, crimes committed without intention”, says the government in published material
The decree, according to the government’s disclosure, also forgives the penalty:
- public officials who have committed an offense to “eliminate the risk to themselves or others”, including during holidays;
- of military personnel of the Armed Forces who have committed culpable crimes in operations for the Guarantee of Order.
Planalto had already confirmed the edition of a new Christmas pardon this Thursday
At the end of 2019, Bolsonaro granted the same benefit to professionals in the category. It was the first pardon of its kind granted to a specific professional branch.
In addition to security professionals, prisoners with serious health problems, such as cancer, rare diseases or AIDS, or who have been physically disabled after crimes, can receive clemency. This pardon, called “humanitarian”, had already been granted in previous years.
The Christmas pardon is a pardon of punishment and is usually granted every year in the period around Christmas. If the prisoner benefits from a pardon, it is extinguished and can be released from prison.
- Understand the difference between forgiveness and Christmas
According to the Constitution, pardons can be extended to Brazilians and foreigners who have not committed crimes with threat or serious violence. Those convicted of heinous crimes are also not eligible for a presidential pardon.
This benefit does not cover the temporary exits of prisoners, in which they need to return to prison, which are granted during festive seasons such as Christmas, Easter, Mother’s and Father’s Day, popularly known as “sayões.”