Supreme Court President, Carmen Lucia suspends part of the Christmas pardon decree Temer

The decision meets the request of the PGR, who questioned the legality of the presidential decree abolished the sentence of convicted prisoners in Brazil.
29/12/2017 15h50 - Updated 29/12/2017 15h50
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Ivan Richard Esposito – Agency Brazil

The President of the Supreme Court (STF), Minister Carmen Lucia, suspended today (28) of the pardon decree Christmas, signed by President Michel Temer on Friday (22), by consider-it unconstitutional.

The decision meets the request of the Attorney General of the Republic, Raquel Dodge, who questioned the legality of the presidential decree that left more lenient rules for pardon from the convicted for crimes committed without violence or threats, such as corruption and money laundering.

"Pardon is not and can not be impunity instrument. It is providence guarantor, a constitutional and legal system in which the execution of the sentence set to be sentenced to rule, can be-, in specific situations, exceptional and not disruptive of the criminal proceedings, allow the extinction of the sentence by the occurrence of a humanitarian measure ", said Carmen Lucia to abide by the request of the PGR.

"Pardon is no prize to criminal or tolerance to crime. Nor can it be an act of benevolence or complacency with crime, but what forgiveness, having practiced and he responded in part, may again be reconciled with the legal system put ", Carmen Lucia added in another part of the decision.

The STF President's decision suspends Articles 8, 10 e 11, in addition to part of Articles 1 and 2 of the decree Temer. Carmen Lucia points out that if the devices are not suspended immediately, pardon becomes "in indolence with crime and insensitivity to social concern that believes in the right to a fair society, in which the error is punished and respected right".

For Carmen Lucia, the Christmas pardon decree is also unconstitutional in order to apply deviation. "Since the purpose of deviation invalidates the administrative act, incumbent on the Supreme Court, as pleaded by federal prosecutors, to the constitutional control of the normative document, general and abstract as that of the present action object ".

Besides that, according to Chief Justice, the decree, Fear invaded powers of the judiciary and legislature, which violates the constitutional principle of separation of powers.

"It shows plausible, still, the claim affront to the principle of proportionality, linked to the prohibition of denying the necessary and sufficient protection of the legal guardianship welcomed in the system to guarantee the criminal proceedings. So is proved by the fact that the contested devices appear replace the guarantor criminal standard of process efficiency, facing the purpose and overcoming the limits of pardon. Breaks up, like this, typical and primary responsibility of the legislative and judicial powers ".

In an article published today in the newspaper O Globo, Justice Minister, Torquato Garden, He defended the decree and attacked critics of the measure. The minister classified the criticism of the text as "missing" and that "constitute bad faith or ignorance" and "maliciously accuse the purposes decree even illegality and manipulation".


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